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Thursday 12 August 2010

Fed Court dismisses ex-ISA detainee's application

The Federal Court has upheld the Court of Appeal ruling to overturn a High Court decision to award former Internal Security Act detainee Abdul Malek Hussin RM2.5 million in his suit against the government.

Court of Appeal president Alaudin Md Sherif said the court was satisfied that the three questions posed in Abdul Malek's application does not fall under the Court of Judicature Act.

"Hence, we dismiss the application," said Alaudin in reading out the decision of the three-member panel.

The other two judges are Justices Hashim Yusof and Mohd Ghazali Mohd Yusoff.

The court also asked Abdul Malek to pay total costs of RM20,000 to the three respondents.

In a landmark decision in 2007, Kuala Lumpur High Court judge Mohd Hishamudin Mohd Yunus ruled that Abdul Malek's detention under the ISA in 1998 was made in bad faith.

The judge ruled that the arrest was unlawful, purely for political purpose and that Abdul Malek was assaulted while in custody.

This decision was overturned by the Court of Appeal on March 25 this year.

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