The attorney-general (AG) and four others have been added to a lawyer's lawsuit over her alleged wrongful arrest during a 2016 Federal Territories Islamic Religious Department (Jawi) raid on a private transgender event in Kuala Lumpur.
The Kuala Lumpur High Court yesterday allowed outspoken activist Siti Zabedah Kasim’s (above) application to include the five new defendants in her civil action, following no objections raised by the Attorney-General’s Chambers (AGC).
Besides the AG (who is not named), the other newly added defendants are three deputy public prosecutors (DPPs) and an investigating officer (IO).
Previously, the lawsuit only named 19 defendants, namely the Federal Territory Islamic Religious Department (Jawi); 15 Jawi-linked personnel; the Federal Territory Islamic Religious Council (Maiwp); then minister in the Prime Minister's Department Mujahid Yusof; and the government.
Siti’s counsel A Saha Deva confirmed with Malaysiakini today the outcome of yesterday’s high court proceedings, regarding her application to amend the suit’s statement of claim.
The amendment seeks to include the claim for malicious prosecution as well as the four new defendants.
On Aug 21 last year, the Kuala Lumpur Magistrates' Court discharged and acquitted Siti over a criminal charge of obstructing the duties of a Jawi officer during the 2016 raid on the transgender event.
“Yes. The AG and lawyers (of Maiwp) had no objection to the application to include the AG, three DPPs, and the IO as defendants, as well as (amend the statement of claim to include) claim for malicious prosecution.
“The judicial commissioner granted our order in terms of our application,” Saha said.
He explained that following the ruling, the suit’s statement of claim is in the process of being amended and that a fresh copy of the suit would be served on all defendants.
“Meanwhile, the case is fixed for case management on Nov 30, pending the AG’s confirmation on the possibility of exploring mediation as an avenue to address Siti’s claim for damages,” he added.
According to a copy of the amendment application sighted by Malaysiakini, it was filed at the Kuala Lumpur High Court on May 3.
The amendment application contended that the IO was the one who recommended that Siti be charged at the Magistrates' Court.
It also contended that the three DPPs conducted the criminal case against her at the Magistrates’ Court, on behalf of the AG.
Through the civil action, Siti claimed that the defendants had perpetrated misfeasance of public office and subjected her to false imprisonment as well as violated her fundamental rights under the Federal Constitution.
According to the statement of claim, Siti was subjected to false imprisonment between 10.30pm on April 3, 2016, and 2.30am on April 4 the same year.
Siti claimed that the four-hour detention unlawfully deprived her of her fundamental right of personal liberty under Article 5 (1) of the Federal Constitution.
She also contended that she was not informed of what offence under the Act that she has committed or suspected to have committed, which goes against her fundamental right under Article 5(3) of the Constitution.
Article 5(3) states that a person arrested shall be informed as soon as may be of the grounds of the arrest and shall be allowed to consult and be defended by a legal practitioner of the person's choice.
Siti is seeking general, aggravated and exemplary damages, five percent annual interest on damages awarded from the date of judgment until full settlement, cost and any other relief deemed fit by the court. - Mkini
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