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Thursday, December 11, 2014

Appeals Court gives ex-ISA five RM4.5 million

The interrogations conducted by the police, said the High Court, showed the arrests had nothing to do with national security “but was about opposition politics”.
ISA2KUALA LUMPUR: Court of Appeal Judge Abdul Wahab Patail, leading a three-member bench including Judge Rohana Yusof and Judge Umi Kalthum Abdul Majid, unanimously awarded on Thursday damages totaling RM4.5 million to five former Internal Security Act (ISA) detainees for their incarceration without trial in 2001.
The five include Batu MP Tian Chua and Hulu Klang Assemblyman Saari Sungib.
Three others are activist Hishamuddin Rais, Badrul Amin Baharom who was also a former PKR Supreme Council member, and activist Badaruddin Ismail.
The quantum of damages for their detention was reduced by the Court of Appeal to RM10,000 per day. The High Court in Kuala Lumpur had awarded them RM15,000 per day.
The five received exemplary damages of RM30,000 each.
Badaruddin aside, the others were also awarded RM25,000 each in damages for defamation.
Three others who were initially together with the five in filing the suit in 2004 against then Home Minister Abdullah Badawi and then IGP Norian Mai withdrew their action.
They are former Senator Mohd Ezam Md Noor, former Padang Serai MP S. Gobalakrishnan and anti-Pakatan Rakyat NGO “Reject Individual Named Anwar Ibrahim” (Tibai) council member Abdul Ghani Haron.
All are former PKR members.
Lawyer Razlan Hadri Zulkifli, who acted for the five, told the media in an update that the Attorney-General’s Chambers had withdrawn the Federal Government’s appeal over liability for its actions.
“They appealed only on the quantum awarded as the senior federal counsel, appearing for the appellants, had applied for the unlawful detention quantum to be reduced from RM15,000 to RM1,000, citing a case law,” said Razlan. “The total amount awarded includes interest.”
Senior federal counsels Mastura Ayob and Kamal Azira Hassan appeared for the Government.
The High Court found two years ago that the detainees were subject to “cruel” treatment during their detention. They were shamed, made to change their clothing in front of police personnel, made to walk barefoot into filthy toilets, interrogated for hours on end and for the first few days of detention, the Muslims among them were not allowed to perform their prayers.
The interrogations conducted by the police, said the High Court, showed the arrests had nothing to do with national security “but was about opposition politics”.
Bukit Aman, to justify the arrests, issued a media statement claiming that the ISA detainees possessed rocket launchers, and had held meetings with Thai separatist guerillas.
It was a “fairy tale”, the High Court implied, in its ruling.

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