ZAIDAH BINTI ISMAIL (NO K.P: 640603-05-5306) 1. INSPEKTOR RABIATUL ADAWIAYAH BINTI MOHD NOOR (G/21047) 2. KETUA POLIS DAERAH KUALA TERENGGANU 3. KERAJAAN MALAYSIA

ZAIDAH BINTI ISMAIL (NO K.P: 640603-05-5306) 1. INSPEKTOR RABIATUL ADAWIAYAH BINTI MOHD NOOR (G/21047) 2. KETUA POLIS DAERAH KUALA TERENGGANU 3. KERAJAAN MALAYSIA

The Court held the arrest and detention of the 1st Plaintiff were unlawful because the FIR did not disclose an offence under s.13 ATIPSOM against her, she was a legal worker with valid permits, there was no reasonable suspicion or credible information to justify her arrest or extended remand and the remand applications lacked requisite justification; accordingly the High Court order holding liability and awarding damages is upheld in part, para (b) set aside and Appeal No.108 allowed while Appeal No.748 was dismissed.

Citation
T-01(NCVC)(W)-108-03/2019 (Mahkamah Rayuan)
Parties
1st Plaintiff / Appellant (appeal No.108): Zaidah binti Ismail; 1st Defendant / Appellant (appeal No.748): Inspektor Rabiatul Adawiayah binti Mohd Noor; 2nd Defendant / Appellant (appeal No.748): Ketua Polis Daerah Kuala Terengganu; 3rd Defendant / Appellant (appeal No.748): Kerajaan Malaysia; 2nd Plaintiff / Respondent (high Court): Mohd Sabuddin bin Ismail
Court
NCVC
Jurisdiction
Malaysia
Judgment Date
25 March 2021
Case Number
T-01(NCVC)(W)-108-03/2019 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Consolidated Appeals (appeal Decided)
Outcome
Appeal No.108 allowed with costs; Appeal No.748 dismissed with costs
Legal Topics
Wrongful Arrest, Wrongful Detention, Remand Orders, Police Powers to Arrest, Reasonable Suspicion, Damages, Exemplary Damages, ATIPSOM 2007, Section 23 CPC
Source Language
Malay/English
Civil Constitutional Law Criminal Procedure Tort Human Trafficking Law Wrongful Arrest Wrongful Detention Remand Orders +6 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Zaidah binti Ismail

1st Plaintiff / Appellant (appeal No.108)

Inspektor Rabiatul Adawiayah binti Mohd Noor

1st Defendant / Appellant (appeal No.748)

Ketua Polis Daerah Kuala Terengganu

2nd Defendant / Appellant (appeal No.748)

Kerajaan Malaysia

3rd Defendant / Appellant (appeal No.748)

Mohd Sabuddin bin Ismail

2nd Plaintiff / Respondent (high Court)

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Consolidated Appeals (appeal Decided)

Legal Issues

  1. 1 Whether the FIR and available information disclosed an offence under s.13 ATIPSOM against the 1st Plaintiff
  2. 2 Whether the police had reasonable suspicion/credible information to lawfully arrest without warrant under s.29 ATIPSOM and s.23 CPC
  3. 3 Whether remand orders under s.117 CPC were validly obtained

Ratio Decidendi

The Court held the arrest and detention of the 1st Plaintiff were unlawful because the FIR did not disclose an offence under s.13 ATIPSOM against her, she was a legal worker with valid permits, there was no reasonable suspicion or credible information to justify her arrest or extended remand and the remand applications lacked requisite justification; accordingly the High Court order holding liability and awarding damages is upheld in part, para (b) set aside and Appeal No.108 allowed while Appeal No.748 was dismissed.

Court Disposition

Appeal No.108 allowed with costs; Appeal No.748 dismissed with costs

Orders

  • Arrest and detention of the 1st Plaintiff declared unlawful and para (b) of the High Court order set aside and substituted as per prayer in the statement of claim
  • High Court award of exemplary damages of RM100,000.00 to the 1st Plaintiff affirmed