Govt files appeal over Teresa Kok’s ISA detention

Govt files appeal over Teresa Kok’s ISA detention

The DAP vice-chairperson won her appeal last month at the Court of Appeal over her 2008 Internal Security Act detention and was awarded RM350,000.

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PETALING JAYA:
The government has filed an appeal to challenge the Court of Appeal’s ruling on Seputeh MP Teresa Kok’s illegal detention under the Internal Security Act (ISA) and her RM350,000 award by the court.

Kok’s lawyer Sankara Nair confirmed this in a text message today.

“We were served today a notice of motion seeking leave to appeal to the Federal Court by the Attorney-General’s Chambers.”

“The appeal sought is against the entire decision of the Court of Appeal that was delivered on 26th July 2016.”

Sankara said his client had expressed disappointment over the government’s move to appeal.

“As her lawyer, I feel it is most unfortunate that an appeal has been filed.

“It is very clear from the Appeal Court judgment that the three judges have given cogent and well-elucidated reasons for their decision in allowing her appeal.”

Sankara said Kok will “object to the leave (to appeal) application vigorously”.

Kok had filed the suit on March 13, 2009 against former Home Minister Syed Hamid Syed Albar, former Inspector General of Police Musa Hassan, DSP E Kim Tien and the Malaysian Government, claiming that she was wrongfully arrested and detained under the ISA.

She claimed her arrest and detention were baseless and she had gone through severe mental stress, pain and suffering due to food poisoning and denial of her constitutional rights.

The High Court declared the 2008 detention lawful last year and ordered her to pay RM50,000 as costs.

Last month, the senior DAP politician won her appeal and was awarded RM350,000 in total damages.

The Court of Appeal ruled that the High Court had erred in law.

The court found that the allegations — namely her involvement on “azan” (religious prayer call) volume protest, petition on removing Jawi signage, the SMS directing her involvement as well as petition on not to have the “azan” played  were too “stale” to have her detained under ISA.

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