Kota Kinabalu: An army sergeant has sued the police for wrongfully detaining him three years ago over the wrongful assault of his wife.
The plaintiff, Md Shaiful Dahlan, 40, who named the officer-in-charge of Kajang police district headquarters as the sole defendant, filed the suit via the Sessions Court e-registry on Wednesday.
In his statement, the plaintiff claimed that on Sept 5, 2019 he was given into the custody of the defendant’s representative by the adjutant of the army division at the Putatan Headquarters.
He claimed that he was then brought to Kepayan central lockup before he was relocated on the next day and detained at Kajang detention office for four days, adding that he was brought to the court for remand proceeding and order.
The plaintiff also claimed that he was not given the chance to provide self-explanation by the Investigation Officer handling the investigation on him.
He was placed in the lock-up with about 17 other people within a space measuring approximately 10x15 square feet and he was not feeling safe nor comfortable while being in the lock-up in Kajang and was in great anxiety, suffering, humiliation and depression.
While being in the lock-up, the plaintiff was not allowed to communicate with anyone outside, including his family.
The plaintiff claimed that on Oct 9 the same year he was released from the lock-up with no condition whatsoever.
He later found out that he was arrested on suspicion of assault and battery on his wife which was completely untrue, false and malicious.
The plaintiff stated that at no material time he undertook the acts complained of and his wife had not made such allegation, accusations or reports against him.
The plaintiff is seeking general damages, damages for wrongful arrest, damages for wrongful assault and battery, damages for wrongful detention, damages for negligence and an injunction to restrain the defendant for false, wrongful arrest and detention of him.
The suit filed by the plaintiff’s counsel Marcel Jude has been set for e-review on May 20.
