Hello everyone, my lawyer has served the Letters of Demand on all those guys who had me locked up under ISA detention.
Our Ref : SNN/KM/YBT/08
Your Ref : please advise
Date : 11th November 2008
1. YB DATO’ SERI SYED HAMID BIN SYED JAAFAR ALBAR
MENTERI KEMENTERIAN DALAM NEGERI, MALAYSIA
LEVEL 12, BLOCK D2, PARCEL D
PUSAT PENTADBIRAN KERAJAAN PERSEKUTUAN
62546 PUTRAJAYA
2. YBhg TAN SRI MUSA BIN DATO’ HASSAN
KETUA POLIS NEGARA MALAYSIA
POLIS DI RAJA MALAYSIA
IBU PEJABAT POLIS MALAYSIA
BUKIT AMAN, 50560 KUALA LUMPUR
3. PENGARAH CAWANGAN KHAS MALAYSIA
POLIS DI RAJA MALAYSIA
IBU PEJABAT POLIS MALAYSIA
BUKIT AMAN, 50560 KUALA LUMPUR
4. TUAN E KIM TIEN
TIMBALAN PENGUASA POLIS
POLIS DI RAJA MALAYSIA
IBU PEJABAT POLIS MALAYSIA
BUKIT AMAN, 50560 KUALA LUMPUR
Dear YB/ YBhg and Tuan,
Re: Unlawful Arrest and Detention 0f YB Teresa Kok Suh Sim
We act for YB Teresa Kok Suh Sim (“YB Teresa”) who is amongst others, the Member of Parliament for Seputeh, the State Assemblywoman for Kinrara and the Senior State Executive Councillor of the State of Selangor.
Our client instructs us as follows:
1. that at about 11.15pm on 12th September 2008 you and or your agents and or your servants forcibly and in a dangerous manner effected our client’s arrest and or caused our client to be arrested in the aforesaid manner, at the entrance gate to our client’s residence at […];
2. that the orders for our client’s above arrest was or were instituted and or emanated and or attributed to you directly and was duly carried out by your subordinate police officers namely, DSP E Kim Tien;
3. that soon after our client’s arrest and within reasonable time after the said arrest, you and or your agents and or your servants who performed the said arrest did not allow or permit our client an opportunity to contact our client’s next of kin or our client’s lawyers despite our client’s several and repeated pleas, which is in clear breach of and contrary to our client’s legal rights;
4. that our client was not informed as to the place of detention that our client was to be taken to soon after the said arrest, but arbitrarily and without our client’s consent, our client was taken to Wangsa Maju Police Station where our client was willfully kept under unlawful detention for about 2 ½ hours i.e. from about 11.50 pm 12th September2008 till about 2.40 a.m.13th September 2008;
5. that only at about 2 a.m. 13th September 2008 at Wangsa Maju Police Station was our client formally informed by one DSP E Kim Tien of the Special Branch, that our client was being arrested and detained under Sec 73(1) of the Internal Security Act 1960 (reproduced in verbatim in Bahasa Malaysia), for:
“(a) Saya mempunyai sebab untuk mempercayai terdapat alasan-alasan yang akan menjustifisikan penahanan kamu di bawah Seksyen 8 Akta Keselamatan Dalam Negeri, 1960 dan
(b) Saya mempunyai sebab untuk mempercayai kamu telah bertindak mengikut apa-apa cara yang memudaratkan keselamatan Malaysia,
(c)#(i) dengan melibatkan diri dalam kegiatan yang boleh mencetuskan ketegangan dan pergadohan antara kaum dan agama.
Tarikh: 12/09/2008
t.t.
Tandatangan Pegawai”
6. that you and or your agents and or your servants, at about 2.05 am 13th September 2008 (the same night), at Wangsa Maju Police Station, willfully and deliberately refused/ rejected the formal request by our client’s lawyer Mr. Sankara Narayanan Nair to seek legal access to our client, which is in clear breach of and contrary to our client’s rights under Article 5(3) of the Federal Constitution;
7. that thereafter our client was sent without our client’s knowledge and consent to a certain secret place of detention operated by the Special Branch of the Royal Malaysian Police;
8. that our client was kept under detention without trial from the date and time of arrest i.e. 12th September 2008 at 11.15pm till about 1.40 pm 19th September 2008 (“period of unlawful detention”);
9. that during the period of unlawful detention our client was continually held in solitary confinement;
10. that generally throughout the period of unlawful detention our client lived under inhumane conditions;
11. that all through the period of unlawful detention our client was deprived of all of our client’s constitutional rights;
12. that all through the period of unlawful detention our client was only allowed one visit for only one short hour by our client’s lawyer and two short visits by our client’s immediate family;
13. that only short interview was held by interrogating officers delving on only issues which was on an article carried in the Utusan Malaysia on 10th September 2008 by a columnist known as Zaini Hassan captioned “Azan, jawi, JAIS, UiTM dan ba-alif-ba-ya”;
14. that despite our client’s numerous protest of innocence to the interrogators whilst in detention and also, by the very fact that during the said detention, you had access and full knowledge as to clarifications and denials made by our client on her blog on 10th September 2008, the Bandar Kinrara mosque officials (even before our client’s arrest) Members of Parliament and several persons, either by police reports lodged or statements made and carried in the media, you nevertheless, inter alia, with impunity, arbitrarily, negligently and recklessly persisted and or continued our client’s unlawful detention;
15. that after our client’s final release from the unlawful detention, the Deputy Inspector General of Police Dato Ismail bin Omar (“the DIG”) made a formal press statement on 19th September 2008 which was duly carried by the media including in the New Straits Times (“NST”) dated September 20th 2008 that our client was released unconditionally because “the police was satisfied that she was not a threat to public order and security”;
16. that also, further to the above, the Home Minister was quoted in the NST dated September 20th 2008 as follows “…police investigations showed that there was no reason to detain her further under Section 8 of the act”;
17. that by virtue of the above admissions by the DIG and the Minister, it is evident and without a shadow of doubt, that our client was, at all material times, no threat to the national security of Malaysia nor guilty of any or all of the so called charges as framed in paragraph 5 above and our client therefore holds you fully and wholly liable;
18. that by reason thereof our client’s arrest and detention is unquestionably unlawful and you have by reason thereof caused or put our client into, inter alia, severe mental stress/ anguish, discomfort, loss of reputation, defamation, and to unmitigated loss and damages;
19. further, by reason thereof, you have gravely violated and deprived our client of all our client’s lawful and constitutional rights as entrenched in the Federal Constitution.
TAKE NOTICE that unless you do the following as stated below i.e:
i. make a full, unreserved and unqualified apology in the manner and words in the choice of newspapers or media acceptable and agreeable to our client;
ii. withdraw all allegations made by you in the newspapers and other media; and
iii. pay our client an appropriate and acceptable sums in general and special damages.
within fourteen (14) days from the date of this letter, failing which, we have strict instructions from our client to institute legal proceedings against you personally and vicariously, without further reference to you.
Thank you.
Sincerely,
S N NAIR & PARTNERS
That’s the way to go Angel T,
Remember, you are not doing it for yourself, but for the rest of us citizens who are hurt by the injustice of the UMNO govt.
cheers
so does the new CJ have a chance to prove himself to be impartial, fair and willing to uphold the rule of law and justice in Malaysia?
YB has done the right and honourable thing to vindicate yourself of wrongful detention under the draconian ISA by a letter of demand to HM SHA, IGP MH and two other police officers through your lawyers.
You must spare no efforts to pursue this matter up to the hilt and utmost so that there is justice and fair-play in ‘democratic’ Malaysia. ‘SILENCE IS NOT GOLDEN’ in this case. I wish you all the best in fighting injustice and abhorrence! Good luck!
Unfortunately, the reason why an Umno lawyer got promoted at a world record speed (should enter Guinesss Book of World Records) to a CJ in slightly over a year is simple, my friends.
With so many upcoming high profile cases going on (and more coming soon) like RPK, Anwar, Teresa, ISA, etc, the Govt and the AG can’t be losing them one after another because most of the case don’t even hold water.
So, the new CJ was “planted” to sit there much similar to the judge before.
I hope that I am wrong. SO PLEASE PROVE ME WRONG!!!
Yes, do it. After all this is a nation that promotes justice. But of course, there’ll be problems and questions arises, especially among those who could not differentiate between justice and the process of carrying justice. Worst still, they made a juxtaposed conclusions.
May your fight for justice win.
YB,
If you were to post a petition in your blog that will help you in your legal case, I will definitely sign it in support… not only for you but for the rest of the people who are victims of ISA.
As it is, these people who knows the law yet choose to abused it are blatantly abusing their powers.
Yes, these people need to be sued and they have to be accountable and responsible for their action and not hide under mama’s skirt.
Way to go, Teresa! It’s time these people are held accountable.
We thank God for blessing you with His courage and His righteousness to right the wrongs. Your action is a precedent for other victims to follow.
John 1:9-13 “There was the true Light which, coming into the world, enlightens every man. He was in the world, and the world was made through Him, and the world did not know Him. He came to His own, and those who were His own did not receive Him. But as many as received Him, to them He gave the right to become children of God, even to those who believe in His name, who were born, not of blood nor of the will of the flesh nor of the will of man, but of God.”
Rarely, if ever, do human beings comprehend Jesus’ courage! Jesus trusted God at every turn in life, in every circumstance. For us to declare that we comprehend how much faith Jesus had in God probably is a commentary on how little we understand faith. To have great faith in God requires enormous courage. Without courage, there is little faith.
With faith, there is nothing we cannot accomplish for His glory. May God continue to guide you and protect you to do His will. Amen.
Go ahead with full force to relinquish the evil agenda in the government with it corrupted mean. Not only corrupted in term of financially both also in term of legalism, legislation, mind, freedom of human rights and liberty.
One can be tolerant toward a simple mistake but unfortunately this mistake has become criminal and evil in the sense that all human right, freedom and liberty was totally ignored and wasted. Simple to say that there is no counter check and balance to the very equilibrium of the law enforcement over the right and freedom of the people of Malaysia. So this Malaysia Royal Police now have become like a stage of gangsterism”; “rodeo” and “cowboy” in their action and manner of abusive arrest.
So all our commendation to our representative acting on our vested authority that we vested to you to represent all the voters and people that choose you to go against the unrighteous Police order and abuses. This has to stop furthermore the Prime Minister Department seem not to bother and take notice of such a arrest that this is not his jurisdiction, but then, who is he, – The Prime Minister of Malaysia or isn’t he? Apart from that we are in total daze that the Royalty does not step in to say a word of advice to the Minister that ignites such an undemocratic detention.
The King must act on the chosen people but not on the council of 120 Umnos division that supposingly deceptive to represent the whole congregation of the people in Malaysia. Which ultimately made the Prime Minister as the choice of the nation? This is absolute deception and unpresidential in the representative of the voice of Malaysia people.
We are sure that many “Bangsa Malaysia” will watch closely to the every actions, steps and moves of the present government as the people has knows the behavior and characters of those elite and Malays supremacy representative that wanting to corrupt and abuse the majority of the nation for the simplicity of one own evil gain and power.
We “Bangsa Malaysia” also set all our watchful eyes in every parliamentary debate and cause of the budget revision representation by Najib and stage out and also the wasteful and misleading amount of the Euro copter deal by the opposition champion. No respect to the Yang Dipertuan speaker, that have also taint the undemocracy principle and corrupt the parliament sacred place with unfair practices and prevention of debate and order during the motion. We people of Malaysian began to see the truth in this UMNO-BN dilution with full of Cronyism and Nepotism. This must be stopped! The arrest of recent Abdul Khalid in the parliament and last year detention of MPs in the compound of the parliament is totally detested off.
This is a total disgrace to the eyes of country that champion for said democratic principality. Are we going more democracy or are we transforming to communism what an irony?
Speaking to a nation that fought against communism but like the character and personality behind it…
Thats the way to go Teresa. Do not give these bums any leeway. They believe they can cover the whole sky with their dirty, filthy hands.
Let us see how our highly “efficient” police bums going to act. They have been so fast and “efficient” in intimidating, harassing and arresting innocent rakyat and now we want to see how fast and in what manner they are going to do with their arrogant, corrupted, greedy and racialistic masters.
Teresa,
Musa, Syed Hamid & others of corruted regime racist umno top gun adalah orang yang memang TAK FAHAM MALU !
look at Selangor polis chief ‘serang’ peace anti-ISA gathering during Negaraku.
at 1st he said “no, polis din ‘serang’ rakyat during Negaraku”
later with video proof, he said “so what?”
d one & only way to reform & save M’sia fr this regime & their ‘korek korek gomen agensi’ is to TOPPLE regime umno & PR form Fed.gomen asap !
justice will only prevail by then !
Laliloo,
u worry me.
Zaki’s promotion, sanctioned by his majesty, is baffling. are there not any alternative?
to be CJ, one must have a higher standard of conduct. If Zaki’s marriage certificate burning can be overlooked, surely my non-legal background can also be overlooked and be considered as CJ of Malaysia. Workload might be a pain but hey, decent paid, yeah?
This sleepy flip flop lame duck guy has promised to the whole world that he will reform the judiciary, PDRM etc……. By appointing this guy Zaki with such “questionable” credentials he call reform??? He only made it worse. Just talk bullshitting and c_ck.
Look, till todate, whatever he promised before he goes, what has been done. A BIG FAT ZERO.
Hope he will disappear immediately before more harm is done to our country.
Rakyat has suffer enough already from those politicians in BN.
Whoa, whoa, whoa. Lets follow our MP. She puts up the fight for justice in the way it should be. If we start making a lot of noise and not within the accepted judiciary means, I’m afraid it will be like asking for ISA to be continued forever!