The government has agreed to pay RM25,000 in damages to former Bersih chairperson Maria Chin Abdullah over the latter's 2016 detention under the Security Offences (Special Measures) Act 2012 (Sosma).
Lawyer Gurdial Singh, acting for Maria, said the lawsuit filed last year was settled today through a consent judgment before Kuala Lumpur High Court judge Nik Hasmat Nik Mohamed.
Gurdial said the government agreed to pay RM5,000 in costs to Maria.
The settlement was agreed by both parties, with no admission of liability by the government and police.
"(The suit) was settled today with the government agreeing to pay RM25,000 in damages and RM5,000 in costs.
"Although the amount is not that high, Maria had brought the suit in principle because for her, this (detention) was an abuse of Sosma, which is a law meant for terrorists," the lawyer told reporters when met at the Kuala Lumpur Courts Complex this morning.
Gurdial (left in photo) added that more important than the sum is that his client feels vindicated.
Maria, now the Petaling Jaya MP, was detained under Sosma for 10 days prior to the Bersih 5 rally that year.
She filed the suit on Aug 6 last year, claiming claimed that her incarceration under Sosma was unlawful.
In her suit, Maria named the inspector-general of police, home minister and government as defendants, and claimed general, exemplary and additional damages for her detention.
According to her statement of claim, she was arrested on the afternoon of Nov 18, 2016, at her office in Petaling Jaya.
The next day, she was detained by police officer Wan Aedil Wan Abdullah under Sosma, and investigated under Section 124C of the Penal Code for activities deemed detrimental to democracy.
On Nov 22, 2016, Maria's son filed a habeas corpus application and she was released on Nov 28, a day before the scheduled hearing.
She said that her detention was to create fear to intimidate people from attending the Bersih 5 rally, and that there was no justification for her arrest.
Maria further claimed that she had been subjected to inhumane conditions while under detention, as she suffered from hypertension, and was placed in a cell with no pillows or mattress.
The government, in its defence, said that the police acted based on a report lodged by one Wan Ahmad Zakiman Wan Ismail, based on an article published in Malay Mail that year.
Several police reports were lodged following the publication of the article, it added.
The police further denied that her detention was unlawful, and explained that investigations were carried out under Section 124C, as there had been reasonable belief that the offence had been committed.
The police also claimed that Maria's rights were explained to her during the course of the investigation, and she was given ample medical treatment while under detention.
It was reported on Jan 16 that Maria and the defendants had initiated settlement negotiations. -Mkini
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