HASSAN MARSOM & ORS v. MOHD HADY YA'AKOP

[2018] 5 MLRA 263

HASSAN MARSOM & ORS v. MOHD HADY YA'AKOP
Federal Court, Putrajaya
Richard Malanjum CJSS, Hasan Lah, Balia Yusof, Aziah Ali, Jeffrey Tan FCJJ
[Civil Appeal No: 01(f)-27-09-2016(M)]
7 June 2018

JUDGMENT

Balia Yusof Wahi FCJ:

Background Facts

[1] This is a case of custodial assault and police brutality against a man who was suspected to be involved in a crime which never was. The respondent herein, had, in the early hours of 22 November 2008 accompanied his friend, one Abdul Manan b Hasan (SP4) to the Ibu Pejabat Polis Kontinjen (IPK) Melaka. It was about 4.00am. Earlier, at about 3.30am while they were enjoying themselves at the Rally Club, Melaka, SP4 received a phone call from an unidentified police personnel asking him to come over to the IPK. In the said phone conversation, SP4 was asked whether he was involved in a fight involving a police officer at a restaurant in MITC Melaka. SP4 was directed to see a police officer by the name of Hassan b Marsom, the 1st appellant herein.

[2] At the IPK, SP4 went in to see the 1st appellant while the respondent waited at the guardhouse. About half an hour later, the respondent was brought to the 2nd appellant's room and later into a room where there were plain clothed police personnels. He was blindfolded, stripped and assaulted despite his denial on his involvement in a fight which purportedly had taken place at a restaurant in MITC Melaka.

[3] Later in the morning, the respondent was produced before the magistrate for a remand order under s 117 of the Criminal Procedure Code (CPC). A remand order for a period of seven days from 22 November 2008 to 29 November 2008 was obtained from the magistrate by the 3rd appellant. Thereafter, the respondent together with four other detainees including SP4, were brought to the Balai Polis Melaka Tengah lock up. One Corporal Nasir b Jaafar (SP10) noticed injuries suffered by the respondent and ordered him to be brought to the hospital. Together with three other suspects, the respondent was taken to the Melaka General Hospital at about 7.00pm where he was hospitalised for seven days from 22 November 2008 to 29 November 2008.

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