Maria Chin’s suit settled amicably
KUALA LUMPUR: A suit brought by former Bersih 2.0 chairperson Maria Chin Abdullah against the inspector-general of police (IGP), home minister and the government over her wrongful detention under the Security Offences (Special Measures) Act (Sosma) 2012 in 2016, was yesterday settled amicably.
Counsel Datuk Gurdial Singh Nijar, who represented Maria, 63, said all parties had agreed to resolve the dispute after the three defendants agreed to pay RM25,000 in damages and RM5,000 in costs to his client.
He said the settlement was reached without admission of liability.
“The case is settled today (yesterday) with the government agreeing to pay RM25,000 in damages and RM5,000 in costs.
“Although the amount is not that high, Maria has brought this case based on her principles as this is a persecution against her because Sosma is an act against terrorists.
“She was a Bersih chairman but was detained and had to go through procedures provided by the act. Hence, she filed the suit,” he said, adding that Maria felt vindicated by the settlement.
The consent judgment was recorded by High Court judge Datuk Nik Hasmat Nik Mohamad in chambers.
Present was senior federal counsel Kamal Azira Hassan, who acted for the IGP, home minister and the government.
In her suit filed on Aug 6 last year, the Petaling Jaya mem- ber of parliament claimed that her 10-day detention from Nov 18, 2016, on the eve of Bersih 5.0 rally which was scheduled on Nov 19, was not justified under the law.
Maria said her arrest was based on her political belief or political activity, as well as to warn the public against participating in the rally.
She contended that her 10-day detention was cruel, oppressive and inhumane.
She claimed that she was in solitary confinement in a windowless cell measuring 2.4m by 4.5m, inclusive of toilet space and had to sleep on a concrete floor supported only by a plank of wood without any mattress, pillow or blanket.
The above was despite the fact that she was 61 at the time and was suffering from hypertension and osteoarthritis.
She had sought general, aggravated and exemplary damages and costs.
In the defence statement, the defendants claimed that the detention was not malicious and not due to political reasons.