DAP’s Teresa Kok has lost her suit against the former Home Minister and Inspector-General of Police (IGP) for what she claimed was her unlawful arrest and detention under the repealed Internal Security Act (ISA) 1960.
High Court judge Su Geok Yiam found that Kok’s arrest and detention in 2008, under Section 73(1) of the ISA, was carried out in accordance with the law.
The Section stated that any police officer could arrest and detain a person without a warrant if he believed there was a justifiable reason.
“I was arrested and detained by the police based on rumours that I opposed the azan of a mosque at Bandar Kinrara 5, Puchong,” said Teresa.
“Even the representative of the mosque committee, Abdul Rahman, refuted this allegation when he testified.”
In her judgement, Su cited the case of Kam Teck Soon who was detained in 2003.
The Federal Court ruled that the plaintiff’s arrest under the voided Emergency (Public Order and Prevention of Crime) Ordinance 1969 and Section 73(1)(a) was lawful.
In Kam’s case, the Federal Court ruled under Section 3(1) of the Ordinance, the arresting officer only needed to believe that there were reasons to arrest and detain a person. No arrest warrant was needed.
“My counsel argued that the High Court ought to have followed the Federal Court’s decision in Darma Suria (October 2010), which was after Kam Teck Soon’s case.,” said Teresa.
The argument was that to achieve objectivity, a test had to be applied by the court to assess the decision of the police to arrest and detain a person under the ISA.
Senior federal counsel Lailawati Ali acted on behalf of the government.
Teresa was ordered to pay RM50,000 to the defendants as the minimum cost.
She and her lawyer, Sankara Nair expressed their disappointment at the judgement.
Teresa, who is also the Seputeh Member of Parliament, added she was worried that more people would face detentions similar to hers.
“POTA (Prevention of Terrorism Act) was recently passed by Parliament.
“It allows for detention without trial, where detainees can be held for up to two years under suspicion of terrorism. (This is) similar to the ISA,” she said.
“Further, RM50,000 is manifestly excessive.