PUTRAJAYA, July 11 ― DAP MP Teresa Kok today said that justice has finally been served after she was wrongfully arrested and detained under the now-abolished Internal Security Act (ISA) nine years ago.
Kok said she was happy and pleased with the Federal Court’s decision today, where the apex court dismissed the government’s bid to appeal against an earlier court ruling in her favour.
“I think justice has been done to me after waiting for nine years.
“I was arrested under ISA in 2008 and now it’s 2017. So after nine years, I have to thank the judges, thank also my lawyer who have been fighting for me on this case for nine years,” the Seputeh MP told reporters immediately after the court’s decision.
“This is my happiest day,” she later added.
Sankara Nair, one of the lawyers who represented Kok, said they felt the decision vindicated her.
This morning, Kok’s long eight-year legal battle over the ISA detention finally ended with the Federal Court’s rejection of the government’s application for leave to appeal.
The decision today means that the government is required to compensate her with RM350,000 as ordered by the Court of Appeal last July.
On July 26, the Court of Appeal reversed the High Court’s previous decision to dismiss Kok’s lawsuit, after finding that the authorities did not have sufficient grounds to arrest her.
The Court of Appeal had awarded RM350,000 to Kok after ruling that the government was liable for her wrongful arrest and seven-day detention in 2008 under the now-abolished Internal Security Act (ISA).
On March 13, 2009, Kok filed the civil suit against the Malaysian government, the then Home Minister Datuk Seri Syed Hamid Syed Jaafar Albar, then Inspector-General of Police Tan Sri Musa Hassan and police officer DSP E Kim Tien for damages over her alleged wrongful arrest and detention.
In her statement of claim, Kok said she was arrested by the defendants at 11.15pm on September 12, 2008, and was not allowed to contact her lawyer or relatives during a two-hour detention that followed.
She said she was informed at 2am the next day at the Wangsa Maju police station that she was being detained under the ISA’s Section 73 (1) for allegedly taking part in activities that could cause racial tension.
Kok said she was then detained without trial at a secret location until her release on September 19, 2008.
She said that her arrest had been conducted negligently and arbitrarily, causing her severe mental stress, pain and suffering.