The High Court today dismissed Seputeh MP Teresa Kok’s suit against the government and the Royal Malaysian Police for her Internal Security Act (ISA) detention in 2008.
Teresa after the Court’s decision (Pic from Teresa Kok)
Judge Datuk Su Geok Yiam ordered Kok to pay RM50,000 cost to defendants Tan Sri Syed Hamid Albar, former Inspector-General of Police (IGP) Tan Sri Musa Hassan, deputy superintendent E. Kim Tien, and the government.
Kok, who is also DAP National Vice Chairperson, had brought a civil suit against the government in 2009 for her wrongful detention and arrest under the now-repealed ISA.
She was arrested by the police after rumours surfaced that Kok had opposed to the volume of the azan call of a mosque at Bandar Kinrara 5 in Puchong.
In a statement after the decision, Kok said she was disappointed with the court’s decision.
“I have been arrested and detained by the police for rumours… (but) the nazir of the mosque, Abdul Rahman, had testified that I had nothing to do with the allegation. Besides, I have never ordered the azan in the mosque of Kota Damansara to be lowered as the mosque loud speaker was faulty.
Kok said the grounds of judgement from the Court was that it was bound to the immediate superior courts’ decision in the case of Borhan (March 2010) which followed the Federal Court’s decision in the case of Kam Teck Soon (2002), wherein it was decided that the police powers to arrest and detain under ISA is not questionable in the court of law.
“It must be noted as argued by my counsel SN Nair, Kam Teck Soon was in the opinion of Yg Arif Datuk Lau Bee Lan to be erroneous as stated in her judgement in the case of Mohd Ezam, which was not accepted by the judge in my case,” she added.
“My fear is that the judgement today will set a bad precedent for cases charged under POTA and the amended Sedition Act that was passed by Parliament lately, wher in the court will be shut from questioning the arbitrary powers of police in conducting arrest and detention,” she said.
The cost of RM50,000 is also manifestly excessive and unjust, Kok added.
“I am upset with the court decision today, but I am not defeated. I have instructed my counsel to file an appeal to the Court of Appeal,” she said.
– The Rocket
