Sean Augustin -June 24, 2020 11:03 PM
PETALING JAYA: The Shah Alam magistrate’s court has dismissed an application by the Subang Jaya Municipal Council (MPSJ) president to strike out a suit filed against her by a businessman who was assaulted when intervening in the capture of a stray dog.
It is learned that Noraini Roslan had made the application prior to the movement control order. She was represented by Manjit Singh Sachdev.
Businessman Koh Tat Meng had last year sued the council, Noraini and the MPSJ officer who “choked” him for assault and battery. He also named the Selangor government in his suit.
Based on an affidavit sighted by FMT, Noraini argued that the suit filed by Koh was baseless.
She said that Koh was being extreme in his actions, and that the suit could delay and impact the trial of Koh for obstructing a public servant.
She also argued that the suit was an abuse of the judiciary process.
However, Magistrate Fatina Amrya Abdul Jalil struck out the application this morning.
Koh’s lawyer, Rajesh Nagarajan, said his client was happy with the decision.
“Noriani still has to defend herself and the actions of her subordinates,” he told FMT.
Koh had filed the suit in November following the “radio silence” over calls for action to be taken against the MPSJ personnel who manhandled him.
This was despite a video of the incident clearly showing the MPSJ officer, identified as Mohd Sadruddin Mohd Rosli, assaulting Koh.
Man charged with obstructing dogcatchers files suit against MPSJ
Thursday, 07 Nov 2019 12:07 PM MYT
By HANIS ZAINAL
SHAH ALAM: The man who attempted to intervene during a dog-catching operation by the Subang Jaya Municipal Council (MPSJ) has filed a civil suit against the council alleging assault.
The civil suit by Koh Tat Meng was filed at the Magistrate’s Court here Thursday (Nov 7) on his behalf by lawyers Rajesh Nagarajan and Sachpreetaj Singh.
Four defendants were named in the suit – the Selangor state government, MPSJ, council president Noraini Roslan and council worker Mohd Sadruddin Mohd Rosli.
In his suit, Koh stated that he had on Oct 3 tried to intervene as MPSJ personnel were trying to capture a stray dog near his home.
Koh’s suit alleged that Mohd Sadruddin had pushed him against a car when the stray dog took shelter under it and pressed his arm against Koh’s neck.
Koh is seeking general damages of RM50,000, interest, cost and other relief as deemed appropriate by the court, as well as a public apology issued by all four defendants.
Speaking to reporters after filing the suit, Rajesh said the suit was a last resort after no action was taken against Mohd Sadruddin for assaulting Koh.
Shock over council’s move to sue animal activist for defamation
Minderjeet Kaur – February 5, 2020
PETALING JAYA: A lawyer has expressed shock over the Subang Jaya Municipal Council’s (MPSJ) move to sue an animal activist for defamation after he alleged that council officers had assaulted him during a dog catching incident.
Rajesh Nagarajan said MPSJ was suing his client, Koh Tat Meng, for defamation after Koh had filed a civil suit against the council in December.
“We are shocked and appalled that taxpayers’ money is being used to institute legal proceedings against Koh.
“The taxpayers in Subang Jaya should hold MPSJ accountable for the use of these funds,” he told FMT.
In October last year, Koh was charged under Section 186 of the Penal Code with obstructing a public servant in the discharge of his public functions outside the Vista Millennium condominium in Puchong, Selangor.
The charge carries a maximum jail term of two years, a maximum fine of RM10,000, or both upon coinviction.
Rajesh said his client had merely pleaded for mercy for the dog.
A video of the incident taken by Koh’s wife, Diong Mei Li, which went viral on social media, showed several MPSJ officers trying to catch the dog while Koh attempted to intervene.
An officer pinned Koh against a car after he made several mentions of Prophet Muhammad’s name.
Koh later said he had not intended to insult Islam but was merely asking the MPSJ personnel to show compassion towards the dog.
Rajesh said that despite MPSJ being criticised by the Tuanku Permaisuri of Selangor, Tengku Permaisuri Norashikin, and Koh’s continuous pleas to MPSJ to reconsider their position, his client was being sued for defamation
“This raises the issue as to whether public bodies, which function to serve the public, should even be allowed to sue the public for defamation,” he said.
He said public bodies were funded by the people and it was “incongruous” that MPSJ was using taxpayers’ money to sue the public for defamation.
The Selangor government expressed regret over the officers’ behaviour but said procedures must be followed to ensure the well-being of animals and the safety of personnel.
This was the incident.