Siti Kasim wins suit over unlawful arrest by Jawi officers
KUALA LUMPUR : The High Court here has ruled that the federal territories Islamic religious department (Jawi) and its officers unlawfully arrested and detained lawyer-activist Siti Kasim during a raid on a private fundraising dinner in 2016.
Judge Su Tiang Joo said the court was satisfied that Siti had proven her case on a balance of probabilities.
He affirmed that Siti had been present in her capacity as an assistant advocate when she was arrested at about 10.30pm on April 3, 2016, and held without basis until her release at about 2.30am the following day.
Su said the religious officers involved had neither the lawful grounds to arrest Siti nor the authority to act on offences under the Penal Code.
He awarded Siti RM160,000 in general and aggravated damages, along with RM100,000 in legal costs.
Siti filed the civil suit against Jawi and the government in September 2019, claiming compensation for wrongful arrest and illegal detention.
She contended that she suffered 'loss of freedom' for four hours after she was detained by the Jawi officers, as well as nervous shock, insult and mental anguish.
She said she was only carrying out her duty as a lawyer during the raid, and insisted that she had not obstructed the officers from carrying out their duties.
Siti was acquitted by the magistrates' court here on Aug 21, 2020, of a charge under Section 186 of the Penal Code for obstructing Jawi officer Nor Jihan Saleh during the raid, which took place at a transgender beauty pageant event.
Lawyer A Saha Deva represented Siti, while senior federal counsel Nur Irmawatie Daud appeared for the defendants.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Star
24 minutes ago
- The Star
Hong Kong man jailed for four years and eight months for killing daughter in manslaughter
An elderly Hong Kong man has been jailed for four years and eight months for strangling his daughter to death three years ago after being provoked into committing the act. The High Court on Wednesday sentenced security guard Chan Kwai-sang to a term close to the period he had spent in custody, allowing for his early release. The defendant will be eligible for early release on grounds of his industry and good conduct during his three years and five months in custody, but subject to the prison service's discretion and a legal provision that requires the defendant to spend an additional 31 days behind bars. Earlier this year, a seven-member jury cleared the 74-year-old of murdering his daughter, Chan Hang-sze, but convicted him of the lesser charge of manslaughter on the basis of her provocation. The trial heard the defendant had frequent quarrels with his 32-year-old daughter and ex-wife over trivial matters when they lived together in a flat in Mong Kok's Hoi Fu Court in the lead-up to the killing on March 7, 2022. The defendant said his jobless daughter, who had autism and bipolar disorder, had prevented him from going to the toilet in the early hours that day, forcing him to urinate in the kitchen instead. The deceased later woke her father and repeatedly blamed him for not flushing the toilet and putting his slippers in the incorrect place. The father claimed he was scolded for nearly two hours, during which his daughter also hit him with an umbrella eight to 10 times. The defendant said he strangled his daughter in her sleep before daybreak after thinking things over for an hour. After his arrest, he apologised to police and said he could no longer bear the stress of living with his daughter. In a subsequent interview, he said he first thought about killing his daughter two years earlier, adding the altercation on March 7 was 'the final straw'. Dr Paul Tam Mo-shing, a psychiatrist who testified as an expert witness, assessed that the accused had been suffering from a moderate level of adjustment disorder, which was likely caused by a combination of his introverted personality, the stresses of the Covid-19 pandemic, and the prolonged physical and verbal abuse by his daughter. Tam noted the pandemic had forced the defendant to spend more time together with his daughter, increasing the risk of family conflicts. A presentencing psychiatric assessment concluded that Chan was fit to receive outpatient psychiatric treatment and that a hospital order was unnecessary. Madam Justice Amanda Woodcock said on Wednesday that the defendant's reaction to the prolonged provocation was 'not out of proportion' to the degree of the provocation involved. She said the case was a tragedy for everyone involved and noted the accused would have to bear the guilt of killing his daughter for the rest of his life. 'Although the court is under a duty to impose a punishment for unlawfully taking a life that is appropriate to the circumstances, this is one of those cases where I can temper justice with mercy,' the judge added. The court started sentence at seven years' imprisonment and knocked off one-third of the term to reflect Chan's guilty plea to the lesser charge before the trial. The defendant is expected to complete his sentence shortly having been detained since the killing. Murder carries a mandatory sentence of life imprisonment, as opposed to manslaughter, for which defendants can usually avoid a lifetime behind bars. - SOUTH CHINA MORNING POST
Malay Mail
24 minutes ago
- Malay Mail
Housewife charged with holding 205 Malaysian passports, fake and stolen MyKad in Puchong raid
SHAH ALAM, Aug 7 — A 41-year-old housewife pleaded not guilty at the Magistrates' Court here today to three charges of possessing 205 Malaysian passports, identity cards belonging to three men, and one fake MyKad last month. N Paarvathy entered the plea after the charges were read out before Magistrate Muhammad Syafiq Sulaiman. According to the first charge, she was accused of being in possession of 205 Malaysian passports under Section 12(1)(f) of the Passports Act 1966, which carries a maximum fine of RM10,000, imprisonment of up to five years, or both, upon conviction. For the second and third charges, she was accused of possessing a fake MyKad in the name of a 24-year-old man, as well as three MyKads belonging to men aged 19, 21, and 31, without a reasonable excuse. The offences were allegedly committed at a condominium unit in Taman Puchong Hartamas, Puchong, at 12.10 am on July 11. The second and third charges were brought under Regulations 25(1)(o) and 25(1)(e) of the National Registration Regulations 1990, which carry a maximum penalty of three years' imprisonment, a fine of up to RM20,000, or both, upon conviction. Deputy public prosecutor Norhidayah Abdullah Sani proposed that bail be set at RM30,000 for all charges, with an additional condition that the accused report to the nearest police station once a month. However, the accused's counsel, Yogamani M Marappan, appealed for minimum bail, citing that his client was unemployed and financially dependent on her husband. The magistrate allowed bail at RM15,000 for all charges with one surety, and fixed case mention for Sept 22. — Bernama
Free Malaysia Today
24 minutes ago
- Free Malaysia Today
Sports can unite all Malaysians, says prime minister
Prime Minister Anwar Ibrahim (centre) at the Olympic House groundbreaking ceremony, flanked by Olympic Council of Malaysia president Norza Zakaria (left), and youth and sports minister Hannah Yeoh (right). KUALA LUMPUR : Prime Minister Anwar Ibrahim today reaffirmed the power of sports in unifying Malaysians across ethnic and cultural lines, saying it brings people together in shared support for a common cause. 'Whether in football or badminton, everyone is gathered together and wants one thing — for their team to win,' he said. 'It doesn't matter whether they are Malay or Chinese, Dayak or Indian. They are Malaysian.' Anwar was speaking at the groundbreaking ceremony of the Olympic House, which will serve as the new headquarters for the National Olympic Committee (NOC) Malaysia. Prime Minister Anwar Ibrahim praised Olympic Council of Malaysia president Norza Zakaria for working hard to ensure the sports complex is built. The event was also attended by youth and sports minister Hannah Yeoh and Olympic Council of Malaysia president Norza Zakaria. In June last year, Anwar said shared interests and team spirit, cultivated through sports, had the capacity to bridge urban and rural communities, while also transcending ethnic and religious divides. Today, the prime minister drew a sharp contrast between the camaraderie found in sports and the divisiveness of politics. 'In politics, people tend to 'kill' one another,' he lamented, noting the lack of sportsmanship in political discourse. Commenting on the Olympic House, Anwar said the new complex would not only attract sports enthusiasts but also engage the wider public, especially the youth. He expressed hope that the housing of more than 50 sports organisations under one roof would foster collaboration and constructive dialogue. 'They must give ideas, suggestions and criticisms to enhance Malaysian sports,' he said. The prime minister commended Norza for his dedication in ensuring the project's realisation. Speaking separately, Norza said the RM93 million project, undertaken by Malaysian Resources Corporation Bhd (MRCB) through a land swap deal, is expected to take between 24 and 36 months to complete. According to Norza, the Olympic House is set to become Malaysia's first green-energy sports headquarters, designed to serve both people and the planet. 'What makes this project even more meaningful is the way it's being shaped. It will be a building that does not just serve people but also honours the environment at the same time.' He said the complex will incorporate sustainable materials, alongside energy-efficient features, including solar panels, smart lighting and natural ventilation. It will also boast rainwater harvesting systems and native landscaping to enhance comfort while minimising adverse environmental impact. 'Over 26% of the site will be dedicated to green space,' Norza added. 'It will be a place that reflects the values we want to live by.' The building will be located near the National Hockey Stadium and will be modelled after the International Olympic Committee's headquarters in Switzerland.
