The Star
by LISA GOH
They also ordered him to pay costs of RM20,000 to the respondents — Asst Supt Borhan Daud of the Special Branch, the Inspector-General of Police (IGP) and the Government.
Abdul Malek, who is now a parliamentary affairs coordinator for the opposition, was arrested under the ISA on Sept 25, 1998, for attending a demonstration at the National Mosque a day earlier.
He was released on Nov 21, 1998, and filed the suit against the three respondents in March 1999, seeking RM30mil in damages.
On Oct 18, 2007, the Kuala Lumpur High Court ruled in favour of Abdul Malek and awarded him RM2.5mil after it held that it was convinced that the former detainee had been abused while in custody for 57 days.
It was the first such ruling in favour of an ISA detainee.
However, on March 25 last year, the Court of Appeal allowed an appeal by the respondents and ordered Abdul Malek to pay RM50,000 in costs.
Yesterday, Abdul Malek’s counsel Sulaiman Abdullah submitted that the Court of Appeal’s decision was a serious injustice and now had to be made right by the Federal Court.
The application for appeal, he said, should be allowed as the appellant had fulfilled all the requirements under Section 96 of the CJA.
Senior Federal Counsel Amarjeet Singh, who stood for the respondents, however, argued that the appellant had failed to meet the requirements of the law and that his application ought to be struck out.
by LISA GOH
PUTRAJAYA: A former Internal Security Act (ISA) detainee failed in his bid to get RM2.5mil in damages over claims of police abuse 12 years ago after his application to appeal was dismissed.
A three-man Bench of the Federal Court, comprising Court of Appeal president Justice Alauddin Mohd Sheriff and Justices Hashim Yusof and Mohd Ghazali Mohd Yusoff, unanimously dismissed the application for leave to appeal by Abdul Malek Hussin, 53, yesterday.
Justice Alauddin, in his ruling, said the court found that all three points of law raised by the applicant had failed to meet the requirements under the Courts of Judicature Act (CJA) 1964.
A three-man Bench of the Federal Court, comprising Court of Appeal president Justice Alauddin Mohd Sheriff and Justices Hashim Yusof and Mohd Ghazali Mohd Yusoff, unanimously dismissed the application for leave to appeal by Abdul Malek Hussin, 53, yesterday.
Justice Alauddin, in his ruling, said the court found that all three points of law raised by the applicant had failed to meet the requirements under the Courts of Judicature Act (CJA) 1964.
They also ordered him to pay costs of RM20,000 to the respondents — Asst Supt Borhan Daud of the Special Branch, the Inspector-General of Police (IGP) and the Government.
Abdul Malek, who is now a parliamentary affairs coordinator for the opposition, was arrested under the ISA on Sept 25, 1998, for attending a demonstration at the National Mosque a day earlier.
He was released on Nov 21, 1998, and filed the suit against the three respondents in March 1999, seeking RM30mil in damages.
On Oct 18, 2007, the Kuala Lumpur High Court ruled in favour of Abdul Malek and awarded him RM2.5mil after it held that it was convinced that the former detainee had been abused while in custody for 57 days.
It was the first such ruling in favour of an ISA detainee.
However, on March 25 last year, the Court of Appeal allowed an appeal by the respondents and ordered Abdul Malek to pay RM50,000 in costs.
Yesterday, Abdul Malek’s counsel Sulaiman Abdullah submitted that the Court of Appeal’s decision was a serious injustice and now had to be made right by the Federal Court.
The application for appeal, he said, should be allowed as the appellant had fulfilled all the requirements under Section 96 of the CJA.
Senior Federal Counsel Amarjeet Singh, who stood for the respondents, however, argued that the appellant had failed to meet the requirements of the law and that his application ought to be struck out.
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