Court of Appeal overturns retiree’s RM1.43 million award

PUTRAJAYA, Apr 28: A retiree lost a RM1.43 million award after the police and the government succeeded in setting aside a High Court decision in his favour for wrongful arrest and torture in 1998, at the Court of Appeal here today.    

A three-member panel led by judge Datuk Aziah Ali held that the High Court had erred in its findings when it ruled that Dickson Ng Sek Wah was unlawfully detained.

The panel, which also comprised judges Datuk Lim Yee Lan and Datuk Abang Iskandar Abang Hashim unanimously allowed the appeal to set aside the Nov 9, 2010 decision of the High Court in Shah Alam.

Justice Aziah also ordered Ng to pay RM1,000 in legal costs to the police and government.

Ng, 63, who represented himself, asked the judge to explain the court’s decision in layman’s term, which Justice Aziah complied.

She also told Ng to inquire as to whether he could appeal against the decision, from the lawyers present in court for other cases.

Ng had sued eight police officers, including the inspector-general of police and the government in 2000, claiming he was seriously injured during the period of detention.

He was allegedly detained for questioning over importing a submachine gun from Finland without a valid licence.

Ng, who was then with a forwarding company, claimed that he had only assisted another company in the import of the weapon as a sample to participate in an open tender called by the Home Ministry, on behalf of the police.

In November 2010, the Shah Alam High Court allowed his claim and awarded him RM1.43 million.

Senior Federal Counsel Azizan Md Arshad had earlier submitted that High Court judge Hinshawati Shariff was erroneous in her findings that Ng was unlawfully detained.

He said there was a Magistrates Court remand order issued in 1997 against Ng and the order was valid since it was not challenged or set aside by the court.

Azizan said the High Court judge had also erred when she awarded damages solely on the basis of a 2010 High Court decision in the case of former ISA detainee Abdul Malek Husin vs Borhan Daud, because that decision was reversed by the Court of Appeal.

Ng said he would bring the matter up to the Federal Court. - BERNAMA

Man charged with kidnap of teenage boy

MELAKA, May 6: An unemployed man was charged in the Magistrate’s Court today with the kidnap of a 13-year-old boy for a RM20,000 ransom last month.

Low Chiew Mun, 48, was charged with kidnapping M. Gunaseelan and confining him to the first floor of a house in Taman Merdeka Jaya, Batu Berendam, here and demanding the ransom from his mother, A. Letchumy, 44, at about 4 pm on April 20.

Section 3 of the Kidnapping Act 1961 provides for the death sentence or life imprisonment and whipping upon conviction.

Low, who was not represented by counsel, nodded indicating that he understood the charge after it was read out to him, but no plea was recorded.

Deputy public prosecutor Nabilah Nizam appeared for the prosecution.

Magistrate Syajaratudur Abd Rahman set June 4 for mention.

Low was arrested on April 22 after police found Gunaseelan’s body, with his hands and feet tied to a chair at a vacant house in Taman Merdeka Jaya. – BERNAMA

AmBank robbery mastermind ‘Joemar’ also a guard

KUALA LUMPUR, Nov 13 — The mastermind behind the AmBank robbery in Subang Jaya last month worked as a security guard at a company for more than a year, police disclosed yesterday.

Joemar began working as a guard upon his arrival to Malaysia one and a half years ago. He held a fake MyKad bearing the name Osman Salleh.

Police are talking to the Klang Valley-based company where he worked to find out more about the mysterious suspect.

“We believe he is also an Indonesian but are unsure as to exactly where he hails from,” said Selangor police chief Datuk Mohd Shukri Dahlan.

Police believe the man is still in the country and has the remaining RM430,000 stolen from the bank.

Police managed to retrieve RM21,800 of the RM450,000 robbed from the bank on Oct 23.

The main suspect, a 36-year-old security guard, who allegedly shot bank officer Norazita Abu Bakar, 37, in the head during the robbery, was arrested on Sunday and has been remanded for a week.

The arrest led to the discovery of the pump-gun used in the robbery-cum-murder, some 700 metres away from the crime scene.

“Joemar was believed to be waiting outside the bank and rode the getaway motorcycle.

Eleven others, including the alleged shooter’s relatives and friends, were arrested earlier.

Ten will be charged with possession of fake MyKads while one will be charged with dishonestly receiving the stolen money and disposing of evidence.

Anyone with information on Joemar can contact Rakan Cop at 03-2052 9999.

Bakal pengantin hadapi empat tuduhan rompak dan cabul

Seorang lelaki yang bakal melangsungkan perkahwinan akhir bulan ini, mengaku tidak bersalah di Mahkamah Sesyen di sini terhadap empat pertuduhan termasuk merompak dan mencabul di dua pusat beli-belah di sini Oktober lepas.

Bagi pertuduhan pertama penjual kereta Mohd Firdaus Safie, 29, didakwa merompak dua keping kad kredit, sekeping lesen memandu dan wang tunai RM150 milik ejen insurans Teh Yee Yin, 30, di tempat letak kereta Suria Kuala Lumpur City Centre di Jalan Ampang pada 2.15 petang, 30 Oktober lepas.

Dia dituduh mengikut Seksyen 392 Kanun Keseksaan yang membawa hukuman penjara sehingga 10 tahun dan boleh dikenakan denda, jika sabit kesalahan.

Bagi pertuduhan kedua, dia didakwa cuba merompak menggunakan sebilah kerambit sehingga mencederakan seorang akauntan wanita berusia 28 tahun manakala bagi pertuduhan ketiga, dia didakwa mencabul mangsa di tempat letak kenderaan di pusat beli-belah Pavilion di sini pada 8.15 malam, pada tarikh sama.

Bagi pertuduhan merompak dia didakwa mengikut Seksyen 394 Kanun Keseksaan yang membawa hukuman penjara 20 tahun dan boleh dikenakan denda atau sebat, manakala pertuduhan mencabul, dia didakwa mengikut Seksyen 354 Kanun Keseksaan yang boleh dihukum penjara sehingga 10 tahun atau denda atau sebatan.

Pertuduhan keempat, dia didakwa menggunakan kerambit mengikut Seksyen 4 Akta Bahan-Bahan Kakisan dan Letupan Senjata Berbahaya 1985 yang boleh dipenjara sehingga tujuh tahun dan sebat, jika sabit kesalahan.

Pendakwaan dilakukan Timbalan Pendakwa Raya Nor Aizam Aiza Zamran yang tidak menawarkan jaminan kerana kesalahan tertuduh serius.

Bagaimanapun, Hakim Azwarnida Affandi membenarkan Mohd Firdaus diikat jamin RM13,000 bagi kesemua pertuduhan dengan seorang penjamin selepas peguam Mohd Faizal Abdul Rahman mengemukakan permohonan.

Mahkamah turut memerintahkan tertuduh melaporkan diri di balai polis berdekatan pada minggu pertama setiap bulan sehingga kes selesai.

Kes itu disebut semula pada 6 Disember ini. - Bernama, 12 November, 2013.