Wrongful detention: Appeals Court upholds RM300,000 in general damages

Bernama
August 16, 2016 16:14 MYT

In December last year, High Court judge Datuk Rosnaini Saub said Ong was wrongfully detained for 355 days from Nov 3, 2008, until his release on Oct 23, 2009, after his writ of habeas corpus was allowed by the Shah Alam High Court.

The Court of Appeal today upheld the award of RM300,000 in general damages to a former driller over wrongful detention.

A three-man bench chaired by Justice Datuk Mohd Zawawi Salleh dismissed the appeal brought by the Deputy Home Minister, Minister of Home Affairs, Moral Rehabilitation Centre, Muar, Johor, the Inspector-General of Police and the Government.

The judge ruled that there was no grounds for the appellate court to disturb the findings of the High Court, and he also ordered the appellants to pay RM10,000 costs.

Justices Datuk Vernon Ong Lam Kiat and Datuk Abdul Rahman Sebli were the other two judges on the panel.

On Dec 11 last year, the Kuala Lumpur High Court allowed a lawsuit filed by Ong San Huei and ordered the government to pay him (Ong) the sum in general damages.

The High Court judge, Datuk Rosnaini Saub, said Ong was wrongfully detained for 355 days from Nov 3, 2008, until his release on Oct 23, 2009, after his writ of habeas corpus was allowed by the Shah Alam High Court.

She said the second detention extension order under Section 11(A)(1)(a)(aa) of the Dangerous Drugs (Special Preventive Measures) Act 1985 was wrong and not in accordance with the law.

Lawyers G. Subramaniam Nair and Ebrina Zubir represented Ong while senior federal counsel Nor Mastura Ayub appeared for the appellants.

#Court of Appeal #former driller #general damages #no grounds to disturb the findings #wrongful detention