Convict files suit over alleged wrongful caning while awaiting case appeal
A 25-year-old convict at the Puncak Borneo Prison who claimed that he was whipped four times on Nov 25, 2021 despite the pending outcome of his case’s appeal, has filed a summons against the Malaysian government and three other defendants.
The other three defendants in the summons are the Malaysian Prisons Department commissioner-general, the Puncak Borneo Prison director and his deputy director.
The writ of summons and statement of claim was filed by the plaintiff, Abdul Rafiq Hafizzul Aldrich through Messrs C.M. Sundram on June 23 and was heard in front of High Court Judge Azhahari Kamal Ramli yesterday.
Azhahari set Jan 13, 2023 for the hearing of the plaintiff’s and defendant’s application in the case.
In a claim statement, the plaintiff is seeking for general damages; aggravated damages; punitive damages; exemplary damages judgment interest at five per cent per annum for the damages incurred from the date of judgment until full se lement.
On July 19, 2021, the plaintiff was sentenced to 10 years’ imprisonment and three strokes of whipping framed under Section 395 of the Penal Code, read together with Section 397 of the same Code, for gang robbery.
For the second charge framed under Section 6(1) of the Corrosive and Explosive Substances and Offensive Weapons Act 1958, the plaintiff was sentenced to imprisonment for seven years and one stroke of whipping.
Both imprisonment terms were ordered to run concurrently from the date of his arrest on March 30, 2018.
Dissatisfied with the conviction and sentencing, the plaintiff on Feb 16, 2021 filed an appeal in the High Court against both orders.
A copy of the same appeal was extended to the Puncak Borneo Prison director, Puncak Borneo Prison deputy director and the Malaysian government through the Central Monitoring System of the Court (CMS).
The Director of Prosecutions in Sarawak, prosecuting on behalf of the A orney General of Malaysia, is believed to have access to the said CMS.
On Aug 8, 2021, the plaintiff also e-filed a Petition of Appeal which was also extended to the Puncak Borneo Prison director, Puncak Borneo Prison deputy director and the Malaysian government through the court’s CMS.
However, pending the outcome of the appeal, the plaintiff claimed that he was whipped four times on Nov 25, 2021 at the Puncak Borneo Prison by the subordinates of the Puncak Borneo Prison deputy director who was the acting director at that time.
On March 8 this year, the High Court acqui ed and discharged the plaintiff for gang robbery but affirmed the conviction and sentence in respect of the second charge.
The plaintiff had also filed an appeal on the conviction and sentence for the second charge by the High Court in the Court of Appeal on March 16.