The High Court in Suva has dismissed a civil claim brought by the mother of a police officer who died in 2018, finding there was insufficient medical evidence to establish that his death was caused by work-related stress or overwork.
Puisne Judge Justice Vishwa Datt Sharma, in a judgment delivered on August 5, ruled that the plaintiff had failed to prove her case on the balance of probabilities.
The case was brought by Premila Permal, mother and administratrix of the estate of the late police officer Vinit Anand Permal, against the Commissioner of Police and the Attorney-General.
Permal collapsed and died on March 8, 2018. The court heard that on the day of his death he had assisted with four post-mortem examinations before later collapsing in the office.
The central issue before the court was whether his death had been caused by work-related factors during his employment with the Fiji Police Force.
Justice Sharma said that where negligence is alleged and the cause of death is disputed, the plaintiff bears the burden of establishing on the balance of probabilities that the death was work-related.
“Medical evidence is essential in establishing a causal connection between the Deceased’s Employment and the Death,” Justice Sharma said.
The court considered medical evidence recording the cause of death as coronary artery disease and ischemic heart disease, which was classified as not work-related.
Justice Sharma noted that the plaintiff had not called medical evidence capable of substantiating the allegation that Permal had been overworked or suffered work stress that caused his death.
“Notably, the Plaintiff did not call any material medical evidence to substantiate or prove that the Decease was overworked on the day of his demise and/or had work stress,” he said.
The court found the autopsy showed Permal suffered from ischemic heart disease secondary to coronary artery disease.
Justice Sharma ultimately concluded that the plaintiff had failed to establish that the death was work-related.
“I find therefore, that the Plaintiff has failed to prove its case on the balance of probabilities,” he said.
The Writ of Summons and Statement of Claim were dismissed in their entirety, with each party ordered to bear its own costs.
