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29 June 2016
Ex-ISA detainees to get RM5.16m after Federal Court maintains damages
Chief Judge of Sabah and Sarawak says a person’s freedom is priceless and that a “clear message should be sent, otherwise they keep repeating it, so it has to be a deterrent”.
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PUTRAJAYA: The Federal Court here today maintained the RM2.78 million in damages (excluding interest) awarded to five former Internal Security Act (ISA) detainees over their unlawful detention in 2001 after dismissing the appeal by the police and government to reduce the quantum.
A five-man panel, chaired by Chief Judge of Sabah and Sarawak Richard Malanjum, upheld the Court of Appeal’s decision on Dec 11, 2014 to award that sum in damages, excluding interest, to Batu MP Tian Chua, social activist Hishamuddin Rais, Hulu Klang assemblyman Saari Sungib, Badaruddin Ismail and former PKR Supreme Council member Badrulamin Baharom.
Outside the court, one of their lawyers, Ho Kok Yew, said his clients were expected to receive the total award of damages of RM5.16 million, inclusive of interest and costs.
The panel, also comprising Federal Court judges Ahmad Maarop, Abu Samah Nordin, Ramly Ali and Zaharah Ibrahim, ordered former Inspector-General of Police Norian Mai, the home ministry and the government to pay RM30,000 in costs to the five for proceedings in the Federal Court.
Norian, the home ministry and the government had conceded liability over the unlawful detention at the Court of Appeal which subsequently allowed part of their appeal to reduce the quantum of damages for each of the five over their detention, from RM15,000 per day to RM10,000 for 41 days and 54 days.
That court (Court of Appeal) also upheld the High Court decision which had ordered Norian, the home ministry and the government to pay RM30,000 in aggravated damages per person, totalling RM150,000.
It also maintained a High Court order to award the former detainees a total of RM100,000 over defamatory words allegedly uttered by Norian in April 2001 during a press conference in relation to the detention.
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December 2014
Five former ISA detainees get RM4.5mil award
Five former Internal Security Act (SA) detainees, including Batu MP Tian Chua and Hulu Klang assemblyperson Saari Sungib, were today awarded damages totalling RM4.5 million for their detention in 2001.
The other three are activists Hishamuddin Rais, former PKR supreme council member Badrul Amin Baharom and Badaruddin Ismail.
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（布城11日訊）上訴庭宣判，政府必須賠償大約450萬令吉，給5名在2001年在內安法令下被扣留的烈火莫熄社會運動分子。
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[#BREAKING] Five former ISA detainees get RM4.5mil award http://bit.ly/1vGktGh @tianchua @IshamRais @SaariSungib
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5 ex-ISA detainees awarded RM4.5m in damages by Malaysia’s Court of Appeals http://cna.asia/1yU4kTB
The five were arrested in relation to a Black 14 rally on April 14, 2001, to mark the second anniversary of the conviction of PKR adviser Anwar Ibrahim for abuse of power.
PUTRAJAYA: Malaysia’s Court of Appeal on Thursday (Dec 11) awarded damages of more than RM4.55 million, inclusive of interest, to five people over their unlawful detention in 2001 under the now-defunct Internal Security Act (ISA).
The five are Batu Member of Parliament Tian Chua; activist Hishamuddin Rais; Hulu Klang assemblyman Saari Sungib; Badaruddin Ismail and former PKR supreme council member Badrulamin Baharom.
A three-member panel chaired by Justice Abdul Wahab Patail, in a unanimous decision, upheld a High Court decision which favoured the five but partly allowed the appeal brought by the former Inspector-General of Police Tan Sri Norian Mai, the Home Ministry and the government in respect of the damages for unlawful detention.
The panel, which also comprised Justices Datuk Rohana Yusof and Datuk Umi Kalthum Abdul Majid, reduced the quantum of damages for each of them over their detention, from RM15,000 per day to RM10,000 for between 41 days and 54 days.
The court upheld the High Court decision which had ordered Norian, the Home Ministry and the government to pay RM30,000 in aggravated damages per person, totalling RM150,000.
Meanwhile, the panel also maintained a High Court order awarding Chua, Hishammuddin, Saari and Badrulamin a total RM100,000 over defamatory words allegedly uttered by Norian in April 2001 during a news conference in relation to the detention.
The court also upheld the RM200,000 in legal costs which the High Court had given to the five men for the court proceedings at the High Court. However, for court proceedings in the Court of Appeal on Thursday, the panel ordered each party in the civil suit to bear their own legal costs.
http://www.channelnewsasia.com/news/asiapacific/malaysia-s-appeals-court/1524656.html?cid=TWTCNA
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Star
Thursday December 11, 2014 MYT 6:22:51 PM
Court awards RM4.5mil to five former ISA detainees
The five, who were represented by lawyers Ranjit Singh and Razlan Hadri Zulkifli, were arrested in relation to a Black 14 rally on April 14, 2001, to mark the second anniversary of the conviction of PKR advisor Datuk Seri Anwar Ibrahim for abuse of power.
On April 4, 2004, they sued Norian Mai, the Home Ministry and the government for unlawful detention under the ISA and for defamation.
On Oct 2, 2012, the High Court ruled in favour of the five men, awarding about RM4mil excluding interest. With the Court of Appeal’s decision, the award, excluding interest, is reduced to RM2.78mil.
The High Court had also awarded eight per cent interest from the date the civil suit was filed until the date the court delivered the judgement and five per cent interest after judgement on the amount of damages from the date of judgement until full payment.
— BERNAMA
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weehingthong 