Damages for ex-ISA detainee reduced

The Star 
by QISHIN TARIQ

PUTRAJAYA: The Court of Appeal has upheld a ruling that Badrul Zaman P.S. Mohamed was wrongfully detained under the Internal Security Act but reduced the damages awarded to him from RM3.3mil to RM300,000.

A panel of three judges unanimously dismissed the appeal by the Government and two others against the Kuala Lumpur High Court’s decision on liability and upheld that Badrul Zaman’s detention was unlawful.

“However, we are allowing the appeal against the quantum,” said Justice Syed Ahmad Helmy Syed Ahmad who chaired the panel.

“The High Court’s decision on the quantum is set aside and substituted with an award of RM300,000,” said Justice Syed Ahmad Helmy who sat with Justices Abdul Wahab Patail and Mohamad Ariff Mohd Yusof.

The panel also awarded costs of RM15,000 to Badrul Zaman.

Upon hearing the decision, Badrul Zaman stood up and thanked the judges.

Badrul Zaman was detained for two years from 1991 for his alleged involvement in issuing fake permits and passports to foreign workers.

His detention order was then extended for another two years from Sept 14, 1993.

He was released in 1994 after the Penang High Court allowed his habeas corpus application on grounds the extended detention was unlawful and unconstitutional since it had not complied with the provisions of the ISA.

Badrul Zaman then sued the Kamunting Detention Centre superintendent, deputy home minister and the Government for wrongful detention.

His counsel M. Manoharan said the court had allowed 8% annual interest on the damages, from the date the action was filed on Nov 30, 1994 until yesterday.

“With the interest, the awarded sum should come up to more than RM800,000,” Manoharan told reporters after the proceedings.

A former ISA detainee himself, he added they would appeal to the Federal Court on the quantum.