PUTRAJAYA: Perak Deputy Speaker Datuk Hee Yit Foong lost her appeal to set aside a decision in the suit over a pepper spray canister incident at the Perak State Legislative Assembly, on May 7, 2009.
The Court of Appeal led by Datuk Sulong Matjeraie dismissed Hee's appeal against the High Court's decision to allow Aulong assemblyman Yew Tian Hoe's suit against Hee.
In an unanimous decision, Justice Sulong said there was no reason for the court to reverse the High Court findings, noting that the judicial commissioner had made the ruling based on evidence produced before him.
The court also upheld the ruling made by Judicial Commissioner Tarmizi Abd Rahman on June 14, this year, in allowing Yew an injunction to restrain Hee from abusing him or battering him in future.
Justice Sulong, who presided with Justices Datuk Jeffrey Tan Kok Wha and Datuk Clement Allan Skinner, however, allowed Yew's cross-appeal against the High Court's ruling which had not made any decision on damages sought by him in the suit.
The Court of Appeal awarded RM100 as nominal damages to Yew. The court also ordered Hee to pay RM20,000 as costs to Yew.
On June 26, 2009, Yew filed the suit against Hee claiming that the latter had threatened and attacked him with a pepper spray canister on the face especially his left eye when they were at the State Legislative Assembly.
He said the incident happened in front of other assemblymen and as a result, he suffered pain and injury to his left eye as well as mental shock and trauma, loss of dignity, humiliation, public shame and mental distress.
In his statement of claim, Yew also alleged that Hee was not remorseful and had lied to the mass media by saying that the pepper spray canister was a hotel key chain or a pen drive before admitting that the device was actually a pepper spray canister. BERNAMA