PUTRAJAYA: The two policemen who accused Datuk Seri Mohd Shuhaily Mohd Zain of assault have sued him over the incident at the Kuala Lumpur International Airport (KLIA).
L/Kpl Muhammad Ekmal Sofwan Dirman, 25, and L/Kpl Mohamad Faiz Saman, 40, filed the lawsuit against Mohd Shuhaily, who is the Malaysian Border Control and Protection Agency (AKPS) director-general, through Messrs Kamal Hisham & Associates at the Sepang Sessions Court on Wednesday (Nov 4).
In a press statement, the plaintiffs' lawyers Kamal Hisham Jaafar and Muhammad Nor Tamrin said the civil suit named Mohd Shuhaily as the sole defendant without naming the government after considering that the incident happened in the defendant's own capacity.
"The plaintiffs believe that this (the lawsuit) is the right forum for justice," they said.
According to the statement of claim, the plaintiffs said they were low-ranking policemen attached to the Special Branch at KLIA and were carrying out their duties as Travel Control Officers (TCO) when the alleged incident occurred on Sept 28.
On that same date, the defendant was also present for a working visit as the AKPS D-G to KLIA Terminal 1, to inspect the preparations made by AKPS ahead of the Formula One Gulf Air Bahrain Grand Prix which was scheduled to take place on Oct 2 and 4 at the Petronas Sepang International Circuit (PSIC) in Sepang.
While on duty, the plaintiffs claimed they witnessed the defendant taking a male individual into an enclosed area at the end of Counter J on level 5 at the terminal.
They claimed that while the defendant was conducting a document verification process, a tense situation arose where the defendant scolded the individual harshly and appeared to attempt to subject him to physical aggression.
As a response to the situation, L/Kpl Mohamad Faiz took photos for information as part of their work scope and claimed the photos were not intended for other purposes except for the Special Branch.
The plaintiffs claimed that AKPS deputy D-G Datuk Mohd Nasaruddin M. Nasir noticed their presence where he called L/Kpl Mohamad Faiz and seized his handphone.
The plaintiffs were then taken to meet the defendant. They claimed the defendant became furious after learning the plaintiffs' identities.
The plaintiffs claimed that they were detained by the defendant at all material times at the scene where they were scolded and assaulted between five to 10 minutes.
They claimed that the defendant questioned why he was being followed by the TCO during the confrontation.
L/Kpl Muhammad Ekmal claimed that the defendant came very close to him and scolded and headbutted him four times, causing him pain.
After that, L/Kpl Mohamad Faiz claimed the defendant came over to him and pulled his ears while shaking his head violently.
Following the incident, the plaintiffs have made a police report and sought treatment for their injuries.
The plaintiffs also claimed that the defendant had defamed them in a press conference on Oct 1 where he gave his explanation over the incident.
The plaintiffs claimed they experienced false imprisonment, assault, battery and defamation in the incident, causing them to be traumatised, concerned of their own safety as well as their family, emotional and mental pressure, and embarrassment.
The plaintiffs are seeking unspecified general, special, exemplary and aggravated damages, interest, costs and other reliefs deemed fit by the court.
On Oct 21, Mohd Shuhaily claimed trial at the Sepang Magistrate's Court to two counts of allegedly assaulting two policemen in the KLIA incident.
He was charged as a summoned person (OKS) under Section 323 of the Penal Code and faces up to a year imprisonment and a maximum fine of RM2,000, or both, if convicted.
