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Tuesday, November 19, 2013

Lawyer disputes RM14k award for wrongful arrest


The Seremban High Court has awarded a lawyer RM14,000 in damages for defamation and wrongful arrest, after the police wrongfully accused him of sodomising a 23-year-old security guard in 2001.

Senior assistant registrar Nur Syafawati Arifin made an assessment of damages in chambers today, also awarding him RM7,000 as costs.

However, Anthony Fernandez questioned the quantum and indicated that he would appeal, on the ground that the sum is “insufficient” to compensate him for the suffering experienced.

He had testified that he was nowhere in the vicinity of Seremban at the time of the incident on Feb 17, 2001, as he was vacationing in Port Dickson with his family. 

However, he was still put through the “humiliation” of being arrested and subjected to a medical examination.

Fernandez said his reputation has been tarnished, especially since the police did not retract their statement linking him to the crime, even after arresting the actual individual involved.   

In 2003, he filed a RM5 million defamation suit against the police and the government for malice, harassment and failure to carry out investigations properly.

He named former Seremban OCPD Abdul Khalid Hassan, former Negri Sembilan CID chief Abdul Razak Abdul Ghani, the state police chief, inspector-general of police and government as defendants.
The Seremban High Court found in his favour in April 2009.

Today, Abdul Khalid was ordered to pay RM1,000 for defamation; Abdul Razak Abdul Gani was told to pay RM8,000 for wrongful arrest, and the police and government have to pay RM5,000 as damages for the pressure Fernandez had suffered.

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