Activists sue police for false imprisonment

Two activists are seeking hundreds of thousands in general, exemplary and aggravated damages for the trauma and shame inflicted on them by the Simunjan police.

KUCHING: Two activists, Numpang Suntai (file picture) and Nicholas Mujah Ason, have jointly filed a RM280,000 legal suit at the Kuching High Court against Deputy Superindent of Police (DSP) Choo Yin Kok, Sargeant A Ramlee and OKK Binsin for false imprisonment.

All three are from the Simunjan police station

Numpang is also suing the police officers for malicious prosecution.

The government is also named as the third defendant in the suit.

Apart from the RM280,000 claim, the duo are also seeking general, exemplary and aggravated damages to be assessed by the court and interest thereon at the rate of 8% from Oct 22, 2010, to the date of judgment and thereafter at of 8% per annum to date of full payment and realisation.

They are also claiming damages, costs and other relief as the court deems just.

Numpang, from Kaumpung Bajong Ili, is a retiree, while Mujah who comes from Kampung Ensika, Sebangan, is the secretary-general of Sarawak Dayak Iban Association.

On or about Oct 20, 2010, Numpang was summoned to the Simunjan police station for a discussion.

Imprisoned for ‘mischief by fire’

As he was having medical treatment in Kuching at that time, Numpang agreed to go to the Simunjan police station on Oct 22.

When he arrived at the police station, he was informed that he was being arrested on suspicion of causing ‘mischief by fire’ in connection with an incident that occurred at a logging camp owned by timber companies – Quality Concrete Sdn Bhd and Loyal Billion Sdn Bhd.

He was detained in the lock-up.

The next day (Oct 23) Numpang was taken before the district officer of Simunjan for a further remand and again sent to the lock-up. He remained imprisoned until he was released on Oct 25 at about 10.20am.

He was released without making any plea or any charge proffered against him. Nor was he ordered to appear before the magistrate.

Numpang claimed that his arrest and detention were without reasonable or probable cause and therefore illegal.

He alleged that his arrest and detention were tainted with malice.

Numpang was never charged with “mischief by fire” as was informed by Choo.

No valid reason

Choo or his officers did not have any discussion with Mumpang or failed to interview him.

Instead he was put in the lock-up without any valid reasons or grounds or reasonable or probable cause.

Numpang said he had suffered shame and damages as a result of the illegal arrest and detention or false imprisonment and was traumatised by his experience.

On the malicious prosecution against him, Numpang was asked to appear before a magistrate’s court in Serian on Dec 15, 2010, and was charged by the public prosecutor with “criminal intimidation”.

He had allegedly uttered intimidating words to the representatives of the timber companies on Oct 18 at the logging camp in Rantau, Sebangan.

The case was heard before the magistrate’s court in Simunjan on Feb 16, 2011.

On March 10, 2011 the magistrate ruled that the public prosecutor had failed to establish any prima facie case against him.

Numpang was discharged and acquitted.

Similar charges
The public prosecutor appealed but after a number of postponements, the prosecutor withdrew the case.

As for Mujah, he was also summoned to the police station on Oct 22 for a discussion.

When Mijah presented himself on Oct 23, he was arrested also on suspicion of causing “mischief by fire” in connection with the fire that occurred at the logging camp of the two companies at Sebuyau, Sebangan.

He was detained in a lock-up and released on Oct 25 without any charge proffered against him nor was he ordered to appear before the magistrate.

Mujah claimed that he had suffered shame, damages and was traumatised as a result of the illegal arrest and detention.