Covid-19 vigil arrest: Civil suit against cops fixed for trial in 2025

 

A civil action over the alleged wrongful arrest of 16 participants of a Covid-19 vigil will come up for full trial in 2025.

The High Court in Kuala Lumpur has fixed March 24 to 28 March that year for full trial before judge Hayatul Akmal Abdul Aziz, for the suit linked to the vigil in memory of all those who died of Covid-19.

The participants’ counsel Nur Izni Syazwani Ahmad recently confirmed with Malaysiakini regarding the trial dates for the lawsuit against the police, which was over the gathering at Dataran Merdeka, Kuala Lumpur, on Aug 19, 2021.

The lawyer said that 2025 hearing dates were the only ones available in the civil court’s schedule, adding that parties in the civil action - which also include the authorities - are in the midst of settling pre-trial filing of documents.

The crux of the civil action was that the police had allegedly exercised excessive force, among other purported wrongful acts, during the arrest of the participants of the vigil.

A total of 31 individuals were arrested during the candlelight vigil, including Sekretariat Solidariti Rakyat (SSR) members.

Many participants were seen physically dragged into the waiting Black Marias, after altercations between the participants of the candlelight vigil and police personnel on-site.

They were heard repeatedly demanding the police to state whether they were under arrest, but their questions were ignored.

They were later slapped with compounds of RM2,000 each.

Two of the participants were charged under Section 90 of the Police Act 1967 in connection with their arrest during the vigil.

Through the present lawsuit, the 16 participants are seeking a court declaration that their rights as stipulated under the Federal Constitution were violated during the gathering.

They are asking for general damages and compensation of RM1,000 for a damaged handphone, he told a virtual press conference called by SSR on behalf of the 16 plaintiffs.

SSR was the organiser of the candlelight vigil #Lawan protest held in remembrance of Covid-19 victims.

The civil action listed 12 defendants, namely eight individual police officers, the Royal Malaysia Police, the inspector-general of police (who was not named), the Home Ministry, and the government.

Appeal to identify arresting cops

Meanwhile, in regard to the participants’ discovery application to identify the specific individual police officers who detained them, Nur Izni said the High Court had earlier dismissed the discovery application.

The lawyer added that they have filed an appeal to the Court of Appeal to reverse this verdict, and that the appellate court is set to hear the appeal on Aug 24 this year.

The vigil participants’ discovery application had sought to compel the police to produce the MyKad numbers, full names and other identifying information of the enforcement officers who detained them.

The plaintiffs claimed that the police officers who arrested them were not wearing name tags or identification numbers at the time of the incident.

The discovery application was previously filed to strengthen the main civil action against the authorities. - Mkini