PUTRAJAYA: The two policemen who accused Comm Datuk Seri Mohd Shuhaily Mohd Zain of assault have named him as the sole defendant in a civil suit.
They are seeking damages over the purported assault.
L/Kpl Muhammad Ekmal Sofwan Dirman, 25, and L/Kpl Mohamad Faiz Saman, 40, filed the lawsuit against the Malaysian Border Control and Protection Agency (AKPS) director-general, through Messrs Kamal Hisham & Associates at the Sepang Sessions Court on Wednesday.
In a press statement, the plaintiffs’ lawyers Kamal Hisham Jaafar and Muhammad Nor Tamrin said the civil suit named Comm Mohd Shuhaily as the sole defendant without naming the government, considering the incident happened in the defendant’s own capacity.
According to the statement of claim, the plaintiffs said they were low-ranking policemen attached to the Special Branch at KL International Airport and were carrying out their duties as travel control officers (TCO) when the alleged incident occurred on Sept 28.
On that day, the defendant was on a working visit to Terminal 1 to inspect the preparations made by AKPS ahead of the Formula One Gulf Air Bahrain Grand Prix slated for Oct 2 to 4 in Sepang.
While on duty, the plaintiffs claimed they witnessed the defendant taking someone into an enclosed area 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 that the pictures were not intended for other purposes except for the Special Branch.
The plaintiffs claimed that AKPS deputy director-general Datuk Mohd Nasaruddin M. Nasir, who noticed their presence, called L/Kpl Mohamad Faiz over 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 they were detained by the defendant at the scene where they were scolded and assaulted for five to 10 minutes.
They claimed that the defendant questioned why he was being followed by the TCO.
L/Kpl Muhammad Ekmal claimed the defendant came very close to him, scolded him and headbutted him four times, causing him pain.
L/Kpl Mohamad Faiz alleged that the defendant came over to him later and pulled his ears while shaking his head violently.
Following the incident, the plaintiffs lodged a police report and sought treatment for their injuries.
The plaintiffs claimed they experienced false imprisonment, assault, battery and defamation in the incident, causing them to be traumatised, concerned for their own safety and their family’s safety, and suffer 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.
When met by the press, Comm Mohd Shuhaily’s lawyer Muhammad Rafique Rashid Ali said they have not been served with the documents.
On Oct 21, Comm Mohd Shuhaily claimed trial at the Sepang Magistrate’s Court to two counts of allegedly assaulting the two policemen.
