The Ipoh High Court has ordered for a man to be paid RM240,000 in damages after they found that his arrest and imprisonment for 106 days on alleged drug trafficking charges was unlawful.
According to a report by Berita Harian, Judge Bhupindar Singh shared that Iekmal Hisham Harun proved his case against the government based on the balance of probabilities, and holding former police officer Siti Nor Fauziah Setapa responsible.
The includes RM30,000 as exemplary damages and he was also awarded RM25,000 as costs.
Although named as the first defendant, Siti Nor Fauziah, who was convicted of falsifying documents and later dismissed from service in 2020, did not contest the suit.
In his claims, Iekmal Hisham also named the Perka Police Chief, the National Police Chief and the government as defendants.
Iekmal was arrested on November 9, 2016, for allegedly possessing 36.5g of heroin. Siti Nor Fauziah, who was working at the IPD in Manjung, Perak, was assigned as the investigating officer of the case.
He was remanded and later charged with drug trafficking, and as it is a non-bailable offense, he was detained at the Tapah Prison.
On February 23, 2017, Deputy Public Prosecutor How May Ling made a police report claiming that her signature was forged in the investigation papers, which also contained false information.
On March 7, 2027, Iekmal was charged with 3 counts of drug possession. He was later released from prison on December 12, 2017.
In his statement of claim, he sought damages for his alleged unlawful imprisonment between November 21, 2016 and March 7, 2017. He also said that Siti Nor Fauziah performed her public duty wrongly and he suffered as a result of that action.
Judge Bhupindar shared that the government did not challenge the forgery of the signatures of May Ling and 2 other police officers by Siti Nor Fauziah.
“The act was also done by Siti while carrying out her official duties. I cannot accept the argument that the action was outside the scope of her duties,” he said, adding that Iekmal should be compensated for the loss of his freedom but Iekmal’s claim for damages of RM3 million was rejected as the plaintiff should not make a profit.
Iekmal was ultimately awarded RM2,000 per day for the 106 days of unlawful detention and RM30,000 as exemplary damages as Siti Nor Fauziah failed to uphold the rule of law.
Do stay tuned for more updates!
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