Monday, April 16

Simunjan OCPD Sued

KUCHING: Two activists, Numpang Anak Suntai and Nicholas Mujah Anak Ason have jointly filed a RM280,000 legal suit at the Kuching High Court against DSP Choo Yin Kok and Sgt. A. Ramlee OKK Hj. Binsin, both of Simunjan Police station for false imprisonment.

Numpang is also suing the police officers for malicious prosecution.

The Government of Malaysia is also named as the third defendant in the suit.

Apart from the RM280,000.00 claim, the plaintiffs also claim  general damages, exemplary damages and or aggravated damages to be assessed by the Court and interest thereon at the rate of 8% from October 22, 2010 to the date of judgment and thereafter at the of 8% per annum to date of full payment and realisation.

They also claim damages, costs and such further or other relief as the Court deems just.

Numpang who hails from Kpg. Bajong Ili is a retiree, while Mujah who comes from Kpg. Ensika, Sebangan is the Secretary General of Sarawak Dayak Iban Association (SADIA).

On or about October 20, 2010, Numpang was called by Corporal Hadi from the Simunjan Police Station to be present at the Police Station for a discussion.

As he was having medical treatment in Kuching at that time, Numpang agreed to go to the Simunjan Police station on October 22, 2010.

When he arrived at the Police Station at about 2.20 pm, he was informed that he was arrested for suspicion of ‘mischief by fire’ in connection with the fire that occurred at a logging camp owned a timber companies.

He was detained and was ordered to be put in the Police lock-up.

The following day (October 23) Numpang was taken before the district officer of Simunjan for a further remand and again sent to the Police lock-up and he remained imprisoned until he was released on Monday, October 25, 2010 at about 10.20 am.

He was released without making any plea or any charge proffered against him. Nor was he ordered to appear before the magistrate.

Numpang claimed that his arrest and detention was without reasonable or probable cause and therefore unlawful and illegal.

He alleged that his arrest and detention was tainted with malice.

Numpang was never charged for ‘mischief by fire’ as was informed by the DSP Choo.

DSP Choo or his officers did not have any discussion with the plaintiff or failed to interview him. Instead he was put in the Police lock-up without any valid reasons or grounds or reasonable or probable cause.

The plaintiff had suffered shame and or damages as a result of the illegal arrest and detention or false imprisonment and or the action of the first defendant and was traumatised by his experience.

On malicious prosecution against him, Numpang was asked to appear before a magistrate Court in Serian on December 15, 2010 and was charged by the Public Prosecutor for ‘criminal intimidation’ for words that he allegedly uttered to the representatives of the said companies (Quality Concrete Sdn Bhd and Loyal Billion Sdn Bhd) on October 18, 2010 at the logging camp in Rantau, Sebangan.

The case was heard before the Magistrate court in Simunjan on February 16, 2011, and on March 10, 2011 the Magistrate delivered his ruling that the Public Prosecutor had failed to establish any prima facie case against him.

Numpang was discharged amounting to an acquittal.

The Public Prosecutor appealed and after a number of postpones, the Public Prosecutor withdrew the case.

On Mujah’s case, he was at Pulau Bruit, Mukah on October 22, 2010 when he received a call from Corporal Hadi asking him to be present at the Simunjan Police Station.

Mujah presented himself at the Police Station on October 23, 2010 and was arrested at 2.20 pm for suspicion of ‘mischief by fire’ in connection with the fire that occurred at the logging camp of the two companies at Selabyu, Sebangan.

He was detained and was ordered to be put in the Police lock-up until he was not released at about 10.20 am on October 25, 2010 without any charge proffered against him nor was he ordered to appear before the Magistrate.

Without prejudice to the above, there was no reasonable ground for remanding him.

Mujah had suffered shame and or damages as a result of the illegal arrest and detention or false imprisonment and or the action of the Police officers who are under the employment of the Malaysian Government, the third defendant.

He claimed he was traumatised by his experiences.


Banting said...

The right to sue and defend in the courts is the alternative of force. The parties may even sue one another. At the end of the day, one party will succeed and the other party will fail. The party that fails will have to meet the successful`s and pay costs as well as bear its own costs. The successful party will feel vindicated for pursing the litigation.

Apai irau said...

Police in the early days were doing their job well to serve the rakyat.Today,the police main duty,generally(not all though),is to serve those who walk in the corridor of power to suppress the rakyat.Credit to Numpang and Mujah for sparing time to to give these'corrupt 'officers a nice lesson.Let them sit in the court room for a few days and face the music.And that is not sitting in the lock-up yet but in an air-conditioned elegant courtroom.

Apai Semalau said...

Have these two police officers abide by the code of conduct governing all police officers in carrying out their duties as per policing rules and regulations? Failure to follow the set rules makes a mockery of the PDRM and is an abuse of police power. If these police officers break the rules that govern their work processes, a civil suit is justified and disciplinary action should be forth coming from their superiors in Bukit Aman. Otherwise the rakyats perspective is, the police are just a bunch of government sanctioned thugs in blue! Instead of protecting the rakyat they show their arrogance with the powers vested on them to victimise those who needs their protection most.

Anonymous said...

Normally when one is arrested, he should be produced in court to answer his charge before his release. A charge is read to him and the court then ask the person charged whether he understand the charge and either pleads not guilty or pleads guilty. If he pleads guilty, the court normally set a date for his sentence. If he pleads not guilty, then again, the court normally set another date for the hearing.
To arrest and put one in a lock up without any prior and proper investigation for an unarrestable offence(kesalahan yang tidak boleh ditangkap) like this is a blatant abuse of power and thus deserve punishment.
It should be good if the people knows their right well.
If you are arrested for any offence, you have the right to call for your counsel to be present to help you out of your right.
Tidak ada kesalahan yang tidak boleh ditangkap ditangkap sebelum apa-apa penyiasatan dilakukan. Kes seperti ini adalah seperti yang berlaku kepada Mr. Numpang. Kes macam ini perlukan siasatan terlebih dahulu. Kalau cukup bukti, baru lakukan tangkapan. Sebab itu adalah perlu man-mana pegawai yang menjalankan Undang-Undang mahir atau sekurang-kurangnya tahu apa dia buat.
Untuk perbincangan semata-mata.