New judge to preside over Siti Kasim's suit against Islamic authorities

 

A new judge of the High Court in Kuala Lumpur will be presiding over lawyer Siti Zabedah Kasim’s wrongful arrest suit against the Islamic authorities linked to the 2016 raid on a private transgender event in Kuala Lumpur.

Civil court judge Ahmad Bache, who was initially set to hear the outspoken activist’s writ of summons, is slated to be transferred to the criminal bench of the High Court.

The plaintiff’s counsel, Saha Deva Arunasalam, confirmed this when contacted by Malaysiakini this afternoon.

“We will know who the new presiding judge is when the matter is called up for case management on April 18,” the lawyer said after the case management of the matter before Ahmad earlier today.

Saha said that at the moment, the previously set full hearing dates of the civil action, from Sept 4 to Sept 7 this year, are still maintained.

Raid on a private fund-raising dinner

The lawyer added that while they are ready to proceed to a full trial, the hearing dates may still be subject to change due to a new judge taking over the matter from Ahmad.

In April 2019, Siti (above) filed a civil action against the Federal Territory Islamic Religious Department (Jawi) and 23 others over her alleged wrongful arrest by Jawi during its raid on a private fund-raising dinner at the ballroom of the Renaissance Hotel in Kuala Lumpur on April 3, 2016.

Among the other defendants are the Federal Territories Religious Enforcement chief officer, 14 Jawi religious enforcement officers, the Federal Territory Islamic Religious Council (MAIWP), then minister in the Prime Minister's Department in charge of religious affairs Mujahid Yusof, and the government of Malaysia.

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 her statement of claim, Siti was subjected to false imprisonment between 10.30pm on April 3 and 2.30am on April 4 of 2016.

She alleged among others that the unlawful confinement took place when 14 Jawi enforcement officers blocked the exits of the ballroom of the hotel, preventing anyone there, including her, from leaving.

‘Subjected to wrongful arrest’ claim

Siti claimed that she was then subjected to wrongful arrest, despite having not committed any offence, and that she was merely present at the event as legal counsel for its organiser.

The plaintiff is seeking general, aggravated and exemplary damages, five percent annual interest on damages awarded from the date of judgment until full settlement, costs and any other relief deemed fit by the court.

Incidentally, on Aug 21, 2020, before the Kuala Lumpur Magistrate’s Court (criminal jurisdiction), Siti was acquitted and discharged of obstructing a public servant from carrying out duties during the Jawi raid.

The prosecution then appealed this criminal case acquittal. However, it is understood that the High Court in Kuala Lumpur had struck out the appeal. - Mkini