The Federal Court awards carpenter RM310,000 in damages for assault and unlawful detention: Another expensive black eye for the PDRM and the BN govt…

Mohd Hady Ya’akop had named five policemen, the Melaka police chief and the government as parties to his suit in 2011.

The ruling is a departure from previous court judgments that a detainee must first set aside the Section 117 detention order, either by appeal or revision, before filing a suit.

 Hady’s lawyer, J. Amardas, said, “The bench has made a forward-looking judgment and has given effect to the constitutional rights of detained persons.”

The Bar Council’s Salim Bashir, who appeared as a friend of the court, said every law enforcement officer and court official involved in issuing remand orders must read the judgment.

“It has set the law clear on procedures to be adopted on remand proceedings,” he added.

http://www.freemalaysiatoday.com/category/nation/2018/06/07/federal-court-judges-must-act-when-rights-of-detainees-are-breached/

7 June 2018

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Carpenter awarded RM310,000 in damages for assault and unlawful detention

PUTRAJAYA: A carpenter was awarded a sum of RM310,000 in damages by the Federal Court today for unlawful detention and for assault while he was being remanded by police in 2008.

The five-man bench comprising Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum and Federal Court judges Tan Sri Hasan Lah, Datuk Seri Balia Yusof Wahi, Tan Sri Aziah Ali and Tan Sri Jeffrey Tan Kok Wha ruled in favour of Mohd Hady Ya’akop after dismissing the appeal by four police officers and the government.

Justice Balia, who delivered the court’s judgment, had increased the exemplary damages for unlawful detention from RM50,000 to RM100,000.

He also maintained the appellate court’s decision to award Mohd Hady RM50,000 for false imprisonment and RM160,000 in damages for assault.

In the landmark judgment, Balia said Mohd Hady was entitled to bring a collateral proceeding and file a civil action against the police to challenge his remand order.

Balia said the courts were entrusted to oversee that the detention of prisoners and detainees were proper and the High Court has the power to correct any error, adding that assault in police custody was a clear violation.

He said the onus was on the police to satisfy the magistrate that the remand order was necessary.
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Mohd Hady was represented by lawyer J. Amardas and Salim Bashir appeared as a friend of the court for the Bar Council, while senior federal counsel Kamal Azira Hassan for the police and the government. — Bernama

http://www.thesundaily.my/news/2018/06/07/carpenter-awarded-rm310000-damages-assault-and-unlawful-detention

Carpenter awarded RM310,000 in damages for assault and unlawful detention

Mohd Hady claimed that he had accompanied one Abdul Manan Hassan to the Bukit Beruang Melaka police headquarters on Nov 22, 2008, but while waiting for Abdul Manan at the police headquarters guard house, a policeman brought him to the office of one ASP Leong Mun Choon.

He claimed that he was taken to a room blindfolded, stripped and assaulted despite his denial that he was not involved in a fight at a restaurant.

Mohd Hady said he was subsequently produced before a magistrate who issued a seven-day remand order against him and was taken to a lock-up at the Melaka Tengah police station.

At about 7pm, the same day, he was brought to the Melaka general hospital. His remand order was extended for another seven days on Nov 28, 2008 while he was still in hospital.

https://www.malaymail.com/s/1639528/carpenter-awarded-rm310000-in-damages-for-assault-and-unlawful-detention?utm_source=Twitter&utm_medium=twitter

 

 

 

 

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1 Response to The Federal Court awards carpenter RM310,000 in damages for assault and unlawful detention: Another expensive black eye for the PDRM and the BN govt…

  1. Doris Looi says:

    After paying his lawyer get how much,after 8 years only get justice

    Some ten years still fighting for Justice

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