Ｔｈｅ Malaysian Insider
KUALA LUMPUR | Nov 5, 2012
The High Court today dismissed the application of former Home Minister Tan Sri Syed Hamid Albar and three others to strike out the reply of Seputeh MP Teresa Kok to the defendants’ statement of defence pertaining to her suit over wrongful arrest and detention under the Internal Security Act (ISA) four years ago.
Justice Datuk Su Geok Yiam, who made the decision in her chambers today, set December 6 for further case management and ordered both parties to file their pleadings on the issues to be tried before that date.
In today’s proceedings, Kok was represented by K. Muralidharan while the four defendants were represented by senior federal counsel Lailawati Ali.
Kok filed the suit on March 13, 2009, against Syed Hamid, then Inspector-General of Police Tan Sri Musa Hassan, DSP E. Kim Tien and the Malaysian government.
In her statement of claim, Kok said she was arrested by the defendants at the entrance to her residence at Pearl Tower, OG Heights, at 11.15pm on September 12, 2008, and detained for two hours without being allowed to contact her closest relative or her lawyer.
She said that at 2am on September 13, 2008, at the Wangsa Maju police station, she was informed that she was detained under Section 73 (1) of the ISA on the grounds that she had taken part in activities that could cause tension and racial clashes.
Kok said she was then sent to a secret location where she was detained without trial until September 19, 2008.
She claimed that her arrest and detention were without basis and that because of the negligence, arbitrariness and frivolity of the defendants in effecting her wrongful arrest and detention, she had been placed under severe mental stress, pain and suffering due to food poisoning and denial of her constitutional rights.
She is seeking damages for wrongful arrest and detention, pain and suffering and mental stress, general and special damages and other relief deemed fit by the court. — Bernama