Unlawful arrest: Federal Court denies police, government leave to appeal

A five-member panel chaired by Court of Appeal president Tan Sri Md Raus Sharif unanimously dismissed their application for leave to bring an appeal to the Federal Court against that High Court decision.

Md Raus said issues involved were factual and that there was no chance for the appeal to succeed if leave was granted.

The panel which also comprised Federal Court judges Tan Sri Zaleha Zahari, Datuk Zainun Ali, Tan Sri Jeffrey Tan Kok Wha and Datuk Ramly Ali did not award costs.

Following the failure of the appellants to obtain leave to appeal, the High Court decision in finding the police liable for the unlawful arrest of lawyers R. Sivarasa, N. Surendran, Latheefa Beebi Koya, Eric Paulsen, Amer Hamzah Arshad and activist Johny Andu alias Abu Bakar Adnan and awarding them damages, is maintained.

The six were charged on Dec 10, 2007, with being in an unlawful assembly the previous day, in front of the Kamdar building in Jalan Tuanku Abdul Rahman and failing to adhere to police orders to disperse.

On April 16, 2009, they were acquitted and discharged by the Sessions Court, without being called to make their defence on the charges.

On Dec 8, 2010, they filed a civil suit against then-Dang Wangi police deputy chief Supt Che Hamzah Che Ismail, Inspector-General of Police, Home Ministry and the Government over their arrest and detention.

In their statement of claim, the six claimed they participated in and/or organised a peaceful rally and march in conjunction with World Human Rights Day which is celebrated worldwide every Dec 10.

They claimed they were subsequently allowed to continue to participate in the march within 10 minutes but before the 10 minutes expired, they found that they were surrounded by a large group of police personnel.

The six alleged the police then gave orders to disperse but while attempting to do so (to disperse), they were arrested.

In July 2012, High Court judge Datuk John Louis O'Hara had awarded each of them RM10,000 in general damages, as well as RM60,000 in legal costs after allowing their claim that their arrest and detention were unlawful.

The police and government filed an application for leave to appeal to the Federal Court after they lost their appeal at the Court of Appeal which was dismissed on Jan 20, this year.