KUALA LUMPUR: The High Court here has ruled that the police had unlawfully detained lawyer Siti Kasim (
pic) and her client Anis Nur Izzaty Ruslan in June 2018.
Judicial commissioner Arziah Apandi held that the police had abused their powers when they raided Siti’s house without lawful basis and committed trespass onto her property.
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She said Siti’s arrest on allegations of kidnapping and obstructing a public servant had no legal basis and amounted to misfeasance in public office.
Arziah ruled that there was no element of obstruction under Section 186 of the Penal Code, which requires actual physical obstruction or the use of criminal force.
She added that mere verbal conduct or refusal to comply with orders did not meet the threshold for the offence.
“She was detained for about 17 hours, from 12.30am until late evening on June 24, 2018, in violation of her right to personal liberty under Article 5(1) of the Federal Constitution,” Arziah said.
She added that while a magistrate had dismissed the police’s remand application on June 24, Siti was only released later that evening.
Arziah also found that Siti had acted in her professional capacity as a lawyer representing Anis.
In her grounds, Arziah referred to the UN Basic Principles on the Role of Lawyers, which protect lawyers from prosecution for actions taken in accordance with their recognised professional duties.
The court also ruled that the police’s detention of Anis between about 9pm on June 23 and 3am the following day was without basis and unlawful.
“The defendants’ actions violated the second plaintiff’s constitutional right to personal liberty under Article 5 of the Federal Constitution. The evidence before this court of misfeasance in public office is satisfactory,” she said.
Arziah also said the officers involved had acted with reckless indifference to the legality of their actions.
She ordered the government to pay RM120,625 in general damages to Siti and RM53,750 to Anis, as well as joint exemplary damages of RM100,000 to both plaintiffs.
Costs of RM50,000 were also awarded.
In the suit, the plaintiffs had named 30 defendants, including the police officers involved in the raid.
On June 24, 2018, Siti was reportedly arrested for allegedly kidnapping Anis. She denied this, saying she had rescued Anis from her allegedly abusive mother.
Police raided Siti’s home and took Anis into custody following a report lodged by the latter’s mother.
Federal counsel Anis Najwa Nazari and Siti Aishah Ramlan represented the government while lawyer Surendra Ananth acted for Siti.
