KUALA LUMPUR - The High Court here today dismissed a suit filed by a civil servant against Minister in the Prime Minister's Department Datuk Seri Jamil Khir Baharom and nine others over injuries he sustained when arrested by religious officials for alleged khalwat (close proximity) two years ago.
Judge Rosilah Yop dismissed the suit after finding that the plaintiff, Mohd Fakry Sidek, had failed to prove his claim against the defendants.
She made the decision in chambers in the presence of senior federal counsel Zureen Elina Mohd Dom, representing all the defendants, and lawyers Muhammad Rafique Rashid Ali and Zainal Narudin, for Mohd Fakry.
Besides Jamil Khir, also named as defendants are former Federal Territory Islamic Religious Department (Jawi) director Datuk Che Mat Che Ali, the government and seven others.
Zureen Elina, when met by reporters, said in dismissing the suit, the court also ordered Mohd Fakry to pay costs of RM40,000 to all the defendants.
In a written judgment obtained by the media, Rosilah said the action by the Jawi personnel in pulling the plaintiff out of his car to make an arrest was not violent.
She said Mohd Fakry himself was aggressive and refused to cooperate when the Jawi officials introduced themselves.
On Mohd Fakry's claim of malicious prosecution by Jawi against him, Rosilah said there was no evidence to show that Jawi did so.
On damages claimed by the plaintiff for the close proximity charge made against him, which he claimed had tarnished his reputation, Rosilah said there was basis in the action by the defendants and there was no merit for the plaintiff to claim damages for loss of his reputation.
Mohd Fakry filed the suit in February this year, in which he also named four Jawi religious assistants, namely Mohd Kusini Johari, Ammar Aziz, Nurul Anwar Kusno and Musliadi Mat Yahya, senior principal assistant of Jawi enforcement division Yaakob Abd. Rahim, Syariah officer Mohd Hafiz Idris and Syariah chief prosecutor Ibrahim Deris as defendants.
Datuk Seri Jamil Khir Baharom
In the statement of claims, Mohd Fakry stated that he received a call from a friend, Norfarini Kassim, on a raid by Jawi at her quarters where she was staying with her daughter at 1.10am on Jan 10, 2012.
Mohd Fakry claimed that when he arrived, there were two Jawi vehicles there and subsequently four Jawi officials accused him of committing "khalwat" with the women despite them being at different places.
He claimed the Jawi officials then pulled him and forced him to go to the woman's house.
Mohd Fakry said he was charged in the Putrajaya Syariah High Court with committing khalwat with the woman on the same day, but the prosecution withdrew the charge on Jan 3, 2013. – Bernama
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