PUTRAJAYA: The Government and two others are appealing against the RM2.78mil award given to several former ISA detainees over false imprisonment and defamation.
Federal Counsel Shaiful Nizam Shahrin said they were applying for leave from the apex court against the award, which was not inclusive of interest payments.
He said they have not finalised the question of law to be forwarded to the Federal Court for application for leave.
"We have received the grounds of judgment from the Court of Appeal on May 18. We have three weeks to file our affidavit-in-support for the hearing," said Shaiful Nizam.
Deputy registrar Noor Ruzilawati Shahrin has set June 30 for case management to ensure all documents were proper and to fix date for the hearing, he told reporters here.
A High Court awarded the former detainees RM4.05mil in damages over unlawful detention under the Internal Security Act (ISA) in 2001 and defamation.
Justice Lau Bee Lan had on Oct 2 ,2012 ruled that the detention of Batu MP Tian Chua, PAS Hulu Klang assemblyman Saari Sungib, activist Hishamuddin Rais, Badaruddin Ismail and former PKR supreme council member Dr Badrulamin Bahron under Section 73 of the Internal Security Act 1960 was unlawful.
The five had filed their suit against former Inspector-General of Police Tan Sri Norian Mai, Home Minister and the Government in April 2004 for unlawful arrest and detention under the ISA as well as defamation.
Among others, they succeeded at the High Court to get an award of RM15,000 in general damages for each day they were detained.
They were each detained between 41 and 54 days. The court also granted RM30,000 each in aggravated damages. The judge also awarded a total of RM100,000 for four plaintiffs for defamation. She also allowed RM200,000 in costs.
In her ruling, Justice Lau said the court found words uttered by Norian in April 2001 during a press conference in relation to the detention were defamatory.
She held that the detention was not based on national security but more towards political considerations.
Court of Appeal judge Justice Abdul Wahab Patail, who chaired a three-man panel, had on Dec 11 last year reduced the general damages to RM10,000 per day for false imprisonment.
Justice Abdul Wahab dismissed the appeal by Norian and two others on the defence of qualified privilege for defamation.
Justice Abdul Wahab also dismissed the appeal by the former detainees on the quantum of damages for defamation.
He ordered each party to bear own costs.
Limited time offer:
Just RM5 per month.
