THE sessions court today dismissed the Attorney-General’s Chambers’ bid to summon former Internal Security Act detainee Abd Malek Hussin for failing to pay two fines, totalling RM70,000, eight years ago.
A jubilant Abd Malek told The Malaysian Insight that judge Yong Zarida Sazali cancelled the summons because plaintiffs and representatives from the AGC failed to present themselves in court today.
“They did not turn up,” said the Reformasi activist.
He also thanked the judge on Twitter.
“The government planned to set me up, I planned to defend myself and the truth. However, Allah has other plans. Thank you, wise judge.”
Malek had taken police and the government to court for detaining him under the ISA for 57 days, and for the police abuse he suffered in the period.
He was arrested by Special Branch officers for organising a rally to free former deputy prime minister Anwar Ibrahim at the national mosque on September 25, 1998.
In a landmark ruling in 2007, the high court awarded him RM2.5 million in damages for the unlawful detention and police abuse he endured.
However, the Court of Appeal overturned the judgment, and asked him to pay police RM50,000 in 2010.
The same year, the Federal Court dismissed his leave for appeal, and ordered him to pay an additional RM20,000 to the defendants.
After a gap of almost eight years, he was summoned to Putrajaya this morning to pay the total RM70,000 in fines.
Malek, who is chief of staff in the opposition’s parliamentary office since 2008, said he was shocked to receive the letters dated March 12 from the A-G.
Human rights lawyer Syahredzan Johan told The Malaysian Insight that there is a six-year legal limit to enforce civil judgments.
“To enforce after six years, (the AGC) must obtain leave from the court.”
High court judge Hishamudin Yunus, in 2007, ruled that based on the medical evidence presented, Malek had been assaulted, even though police denied it in court.
“The behaviour of the defendants is inhumane, cruel and despicable, as the plaintiff was not just arrested and detained unlawfully for 57 days, but was also subjected to vile assault, unspeakable humiliation, and prolonged physical and mental ill-treatment.
“The Special Branch Department of the police force must not only be neutral, but must also be seen to be neutral and non-partisan. It must be above politics.
“The practice of torture of any kind is to be detested. The despicable conduct of the then inspector-general of police, Rahim Noor, is shameful and a disgrace.
“He has shown an extremely bad example to the thousands of men under his charge,” Hishamudin said in his judgment.
Malek had sued the then assistant superintendent of police attached to the Special Branch, Borhan Daud; Rahim; and, the government. – March 26, 2018.
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