30 November 2012
Saman polis, 2 remaja dibayar gantirugi melebihi setengah juta
THE High Court has awarded more than half a million ringgit in damages to two youths who were unlawfully detained and assaulted by police four years ago.
In her written judgment, Judicial Commissioner Rosilah Yop said Mohammad Shafiq Dollah @ Abdullah and Muhammad Hafiz Saman have proven that the police, named as defendants, were responsible for their injuries and for their unlawful detention.
"The plaintiffs have proven liability against the defendants based on the balance of probability. As such, the plaintiffs are entitled to receive damages from the defendants," she said in her 57-page long judgment delivered yesterday.
Rosilah said the search, arrest and detention of Shafiq and Hafiz were illegal and the police had violated Article 5 of the Federal Constitution and Section 28 of the Criminal Procedure Code.
The police had also breached the Child Act 2001 because Shafiq was only 17 during the time of detention, she ruled.
Rosilah awarded RM372,011 in damages to Hafiz and RM145,055 to Shafiq.
The duo, who were represented by Datuk Baljit Singh Sidhu, named Sgt Maj Abdul Manaf Jusoh, the Pandan Indah police station chief, the Chief Police Officer of Selangor and the government as the defendants in their joint suit filed in 2008.
Baljit said the duo were also awarded RM25,000 in costs. Both of them were picked up by police at a workshop in Pandan Indah on May 21, 2008 for allegedly being involved in a motorcycle theft.
They were arrested about 7.55pm and were subjected to severe physical abuse during interrogation. Shafiq was severely beaten and was not allowed to use the toilet to the extent that he was forced to pass motion in his pants. Hafiz, on the other hand, was beaten until he was not able to walk.
As a result, both were admitted to Hospital Ampang and received treatment for injuries sustained. Hafiz, then 18, was held under police custody for seven days while Shafiq for three days.
Hafiz was then charged with motorcycle theft but was acquitted.
Shafiq was never charged.