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Saturday, 17 May 2014

Kelantan prince may settle suit

KUALA LUMPUR: Kelantan prince Tengku Muhammad Fakhry Petra is exploring the possibility of settling a suit he filed against the police and Government for false imprisonment four years ago.

The 36-year-old prince sued the two parties over false imprisonment in 2010 as he and several others were on their way to send his father to the airport to get medical treatment in Singapore.

His counsel Nizam Bashir said a settlement would be “a good thing to explore” as the civil dispute involved a fundamental institution, namely the royal institution.

He said he submitted a proposal after discussing with the relevant parties in March.

Federal Counsel Nur Aqilah Ishak, who appeared for the police and Government, said they received an official letter proposing a settlement on Monday.

“We are in the midst of considering a negotiation (to settle the case),” she said, adding that High Court judge Justice Nor Bee Ariffin set June 18 for case management.

In his suit filed on May 3 last year, the prince is seeking damages for assault and battery, negligence, misuse of public office and breach of his fundamental rights.

He wants a court order that the Government is liable for breach of statutory duty due to the action of the policemen against him.

Tengku Muhammad said in his statement of claim he had been in a car on May 4, 2010, with the then-Kelantan Ruler Sultan Ismail Petra that left Istana Mahkota Kubang Kerian to the airport .

He said he was in front of his father’s car when they were blocked by between 30 and 40 individuals, most of them wore masks and were armed, surrounding their cars.

The prince said he suffered depression, mood disorders, anxiety, nervousness, sleep disturbances and nightmares due to the incident.

He had named former IGP Tan Sri Musa Hassan, then Kelantan police chief Datuk Abdul Rahim Hanafi, his then deputy Datuk Amir Hamzah Ibrahim, the Government and 11 others as defendants.

In the defence statement dated July 12 last year, the police officers said that they had never pointed firearms, shouted or directed the prince to surrender.

The police and the Government said that the prince has no right to claim for damages as they had only conducted their duties as allowed under the Police Act 1967.

In May 2010, an unprecedented habeas corpus application was filed by a team of lawyers claiming to act on behalf of the then-Sultan to “free” him from being held at the Hospital Universiti Sains Malaysia (HUSM) in Kubang Kerian, Kelantan so that he could get medical treatment outside the state.

The application was later withdrawn.

Tags / Keywords: Courts Crime , Kelantan prince , Nizam Bashir


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