PUTRAJAYA: The Court of Appeal yesterday awarded damages exceeding RM4.55 million, inclusive of interest, to five people over their unlawful detention in 2001 under the now-defunct Internal Security Act (ISA).
They are Batu MP Tian Chua, activist Hishamuddin Rais, Hulu Klang assemblyman Saari Sungib, Badaruddin Ismail and former PKR supreme council member Badrulamin Baharom.
A three-member panel chaired by Justice Abdul Wahab Patail, in a unanimous decision, upheld a High Court decision which favoured the five but partly allowed the appeal brought by the former Inspector-General of Police Tan Sri Norian Mai, the Home Ministry and the government in respect of the damages for unlawful detention.
The panel, which comprised Justices Datuk Rohana Yusof and Datuk Umi Kalthum Abdul Majid, reduced the quantum of damages for each of them over their detention from RM15,000 per day to RM10,000 for 41 days to 54 days.
The court upheld the High Court decision which had ordered Norian, the Home Ministry and the government to pay RM30,000 in aggravated damages per person, totalling RM150,000.
Meanwhile, the panel also maintained a High Court order awarding Chua, Hishammuddin, Saari and Badrulamin a total of RM100,000 over defamatory words allegedly uttered by Norian in April 2001 during a press conference in relation to the detention.
The court also upheld the RM200,000 in legal costs which the High Court had given to the five men for the proceedings at the High Court.
However, for proceedings in the Court of Appeal yesterday, the panel ordered each party in the civil suit to bear their own legal costs.
Senior Federal Counsel Normastura Ayub appearing for Norian, the Home Ministry and the government, had conceded liability over the unlawful detention.
However, the appellants proceeded to appeal on the quantum of damages of RM15,000 per day awarded by the High Court to the five men for unlawful detention.
The appellants claimed that the award of RM15,000 per day for each person was excessive.
The appellants also appealed against a High Court decision ordering them to pay RM100,000 to the four men except Badaruddin after finding them liable over alleged defamatory words uttered at a press conference.
Justice Abdul Wahab, in his decision, dismissed the appellants’ appeal on the defamation as well as the five men’s cross-appeal over the RM100,000 award for defamation and the High Court decision not awarding them (the five men) damages over the order from their further detention issued by the Home Ministry of 730 days to 782 days.
The five men had sought a higher award of RM200,000 per person for defamation.
The five, represented by lawyers Ranjit Singh and Razlan Hadri Zulkifli, were arrested in relation to a Black 14 rally on April 14, 2001, to mark the
second anniversary of the conviction of PKR advisor Datuk Seri Anwar Ibrahim for abuse of power.
On April 4, 2004, they sued Norian Mai, the Home Ministry and the government for unlawful detention under the ISA and for defamation.
On Oct 2, 2012, the High Court ruled in favour of the five men, awarding about RM4 million excluding interest.
With the Court of Appeal’s decision yesterday, the award, excluding interest, is reduced to RM2.78 million.
The High Court had also awarded eight per cent interest from the date the civil suit was filed until the date the court delivered the judgement and five per cent interest after judgement on the amount of damages from the date of judgement until full payment. — Bernama