Siti Kasim

KUALA LUMPUR — The High Court has awarded lawyer and activist Siti Kasim (picture) RM160,000 in damages after allowing her civil suit against the Federal Territories Islamic Religious Department (JAWI), 15 of its officers, and seven others over her unlawful arrest and detention during a private fundraising event in 2016.

In his judgment, High Court Judge Su Tiang Joo ordered the defendants to pay RM100,000 in exemplary damages, RM60,000 in aggravated damages, and RM100,000 in legal costs to the plaintiff (Siti Kasim).

The court held that Siti Kasim, whose full name is Siti Zabedah Kasim, had proven on the balance of probabilities that she was wrongfully arrested and falsely imprisoned by two JAWI officers after exiting the ballroom of the hotel where the event was held.

“In my considered view, there was misfeasance in public office by the defendants in conducting a raid and apprehending a participant at a state event, without ensuring the lawful exercise of their powers, thereby causing unnecessary fear and discomfort,” the judge said.

Siti Kasim filed the suit in September 2019, claiming false imprisonment, misfeasance in public office, and a violation of her constitutional right to personal liberty under the Federal Constitution.

She maintained that she had not obstructed any officer and was merely discharging her duties as a legal practitioner at the time of the incident.

On August 21, 2020, the Magistrates’ Court here  acquitted and discharged Siti Kasim of the charge of obstructing public servants, ruling that the prosecution had failed to establish a prima facie case under Section 186 of the Penal Code. — BERNAMA

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