By S Ruthra and G Vinod - Free Malaysia Today
KUALA LUMPUR: In a rare decision, the Kuala Lumpur High Court awarded RM145,000 in damages to Human Rights Party (HRP) pro-tem secretary-general P Uthayakumar for wrongful arrest and detention in 2003.
Today, Uthayakumar filed for a seal order to enforce the July 29 judgment by judicial commissioner Rosilah Yop who had awarded Uthayakumar RM55,000 in aggravated damages, RM50,000 for general damages and RM40,000 in exemplary damages.
The court also awarded him an interest of 8% a year from the day of judgment. It also awarded costs to the plaintiff.
Uthayakumar, in his suit filed on March 8, 2003, named former Selangor CID chief SAC II Abu Bakar Mustafa, DSP Amidon Adnan, ASP R Muniandy, C/Insp Mohd Agmi Abdul Wahab and the government of Malaysia.
In his statement of claim, Uthayakumar said he was wrongfully arrested outside the Sepang magistrate's court for alleged criminal intimidation against ASP G Ponniah, immediately after an inquest proceeding into the death of S Tharmarajah in police custody.
Uthayakumar said that after his arrest, he was brought to the Sepang police station where he was stripped to his underwear and vulgar words were uttered to him by policemen on duty that day.
Senior federal counsel Zureen Elina Mohd Dom, representing all the respondents, had filed an appeal on Aug 26 but the Court of Appeal had yet to set a date to hear the appeal.
Uthayakumar: It's a moral victory
Speaking to reporters today, Uthayakumar claimed that this was a moral victory for those who had been subjected to police abuse.
“Let this be a message to the police that they cannot be high-handed in their approach when dealing with members of the public,” Uthayakumar said.
He added that since this event, deaths in police custody and incidents of trigger-happy police shootings have dropped drastically.
“I can say that since the death of Tharmarajah was highlighted, deaths in police custody and rampant police shootings had dropped by nearly 90%,” Uthayakumar said.
Uthayakumar's counsel M Manoharan said he would be writing to the incoming Inspector-General of Police Ismail Omar to remove the pension of former SAC II Abu Bakar Mustafa, who was in charge of Uthayakumar's arrest.
“Though he is now retired, he should not be left off the hook. He should be punished for his misconduct,” said Manoharan, who is also the Kota Alam Shah assemblyman.
The first is Say Sorry Day, the 5th of September, inspired by Yong Vui Kong.
Both events look great, and I think Saturday night’s feature should be particularly enticing – esp with who I think is one of Malaysia’s best writers, Brian Gomez, who gave us the magnificently brilliant Devil’s Place:

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Say Sorry Day ActivitiesIn conjunction with the Say Sorry Day on 5.9.2010, the initiating group will organize two public events as follows: -
(1) “Beg Your Pardon – when governments, leaders and invididuals say sorry” Forum to be held on 3.9.2010 @ 830pm, at the Annexe Gallery
(2) “The Hardest Word – the art of saying sorry”, art performance by local artists to be held on 4.9.2010 @ 830pm, at the Annexe Gallery.
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SAY SORRY DAY: Sun 5 Sep 2010A collective of individuals and organisations are coming together to declare Sept 5, 2010, as Say Sorry Day. Everyone – in Malaysia and beyond – is encouraged on this day to seek forgiveness from and grant it to each other.
The inspiration for Say Sorry Day is a young Malaysian, Yong Vui Kong, who was only 18 when he was arrested for drug trafficking in Singapore. He is currently appealing for clemency, but he may still be hanged and not get a chance to redeem his wrongs.
His situation is extreme, and many people may not find themselves in the same situation. However, we all need forgiveness because we all do wrong; as the saying goes, “to err is human, to forgive, divine”.
To find out more about Say Sorry Day: http://www.facebook.com/saysorryday
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Beg Your PardonWhen governments, leaders & individuals say sorry Forum
Fri 3 Sep, 8.30pm
The Annexe Gallery, 2nd Flr, Central Market Annexe
Admission: Free of charge
SPEAKERS:
1. WHEN GOVERNMENTS SAY SORRY: by Ambiga Sreenevasan
2. WHEN CORPORATIONS SAY SORRY: by Sreedhar Subramaniam
3. WHEN COMMUNITIES SAY SORRY: by Edry Faizal Eddy Yusof
4. WHEN INDIVIDUALS SAY SORRY: by Leow Puay Tin
SAYING SORRY is first and foremost a personal act to initiate a journey of reconciliation and healing between two individuals. However, it is an act that also has implications beyond two private individuals. When leaders of communities, corporations and even countries apologize for the wrongs of the past, they also begin putting things right in the present in order to have a brighter future together.
The apologies quoted above have become historical milestones of recent history. We remember them because public apologies from leaders are so few and far between. So few in fact they often shock us into catharsis and tears, allowing many of us to move on from our hurt. But yet, we are aware of many more wrongs yet unaccounted for. Are there things for which our government, community leaders and public individuals have yet to apologise, thus preventing us from healing as a nation?
This forum aims to explore both the personal and public dimension of the act of saying sorry to facilitate greater thought in the respective spheres, and hopefully inspire individuals and larger groups to cultivate a culture of the willingness to make amends.
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The law does not teach lessons, second chances do. Therefore, a few Malaysian artists, actors, writers and musicians have come together to help us reflect honestly on our capacity to do wrong, to seek forgiveness, to be forgiven, and to forgive.
“True remorse is never just a regret over consequence; it is a regret over motive.” ~ Mignon McLaughlin, The Neurotic’s Notebook, 1960
THE HARDEST WORD: The Art of Saying Sorry
Performance
The Annexe Gallery, 2nd Flr, Central Market Annexe
Sat 4 Sep, 2010, 8.30pm
Admission: Free of charge

(this movie is a personal favourite of mine)
1. AMIR MUHAMMAD, critically-acclaimed filmmaker-writer, shares a montage of clips from old Malay movies featured in his new book 120 Malay Movies.
2. ANNE JAMES & JO KUKATHAS, award-winning theatre actors, re-enact a scene from the play Cuckoo Birds.
3. BRIAN GOMEZ, writer (Devil’s Place, What Do Gay People Eat?), reads from his new short story, written for specially for the occasion.
4. HISHAMMUDIN RAIS, non-governmental individual, writer and former ISA detainee, does his infamous stand-up routine.
5. I-SOUL, Chinese-language band, offer us acoustic songs on the theme.
6. LIYANA FIZI, popular singer-songwriter, sings apologetic original songs.
7. PANG KHEE TEIK, Annexe Gallery arts programme director, just wants to say sorry to everyone.

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Invitation to Public Forum: Malays Are Muted Too! – The Importance of Freedom of ExpressionThe Civil Rights Committee of the Kuala Lumpur & Selangor Chinese Assembly Hall (CRC-KLSCAH) together with “1 Muted Malaysia” and Mederkareview.com are embarking on a series of public forums in the wake of the recent crackdown on public dissent by the government. This is part of our initiative to promote a democratic space for Malaysians to engage in issues pertaining to freedom of expression.
The first session, entitled Malays Are Muted Too!, is organized with a view to discussing in greater depth the dilemma faced by the largest ethnic group in the country. On one hand, the Malays enjoy the constitutional provision of being recognized as Bumiputras; on the other hands, they continue to face restrictions of various forms imposed by the powers-that-be. It is therefore important that this dilemma is properly understood by all Malaysians in order to create a platform for multi-racial response.
The details of the forum:
Date: 06 September 2010 (Monday) 8.30pm (To cater to Muslim friends who break fast around 7.30pm)
Venue: Upstairs Auditorium of KLSCAH
Jointly organized by: CRC-KLSCAH, 1 Muted Malaysia, Mederkareview.com
Speakers:
1. Amir Muhammad, renowned writer and independent filmmaker whose artistic products are often too hot for the authorities to handle;
2. Jamaluddin Ibrahim, popular Mandarin-speaking DJ who has put the MCA leadership in the cross hairs over political interference;
3. Zunar, cartoonist who continues to entertain the nation with his hilarious political comics, to the chagrin of politicians;
4. Hishamuddin Rais, community activist, writer, and film maker. Currently he is writing as a columnist at The Edge, Malaysiakini.com, and The Sun.
Mediating Language: Malay / English / Mandarin
For further enquiries, please contact Mr. Chia , the assistant of KLSCAH at 03-2274 6645.