Singaporean sues Malaysian Government for 2.67 million

A Singaporean has on Tuesday (28th May) initiated a lawsuit in the High Court of Kuala Lumpur against the Malaysian government for alleged “Unconstitutional Arrest and Detention and for Cruel, Inhuman, Degrading Treatment during the Detention”.

Mr Puis Gilbert Louis, who was holding a valid VISA, was arrested by the Malaysian Immigration Authorities on 9th October last year in a terrace house in Johor Bahru, along with 4 female friends.

He was then allegedly detained in an immigration camp with inhuman conditions for 36 days and was not produced in court as stipulated under the law. He was also allegedly treated inhumanly, denied access to counsel and proper medical treatment for his heart condition.

The  67-year-old, a retired High School teacher from Singapore is represented by lawyer Arun Kasi of Messer Arun Kasi & Co in Malaysia, assisted by Mr M Ravi, a non-practising Human Rights lawyer in Singapore.

In a statement released by the lawyer, the  plaintiff is suing the Director of Immigration and the Malaysian Government for unconstitutional arrest, among other things, and is seeking:

CIDTP Declaration

  • Declaration that the Plaintiff was subjected to torture and to cruel, inhuman, degrading treatment within the definitions of Torture and of Cruel, Inhuman, Degrading Treatment or Punishment (“CIDTP”) as provided in International Covenant on Civil and Political Rights (“ICCPR”) and in the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”).

Constitutional Declaration

  • Declaration that CIDTP is prohibited under the Federal Constitution by virtue of Articles 5 and 7.
  • Declaration that the proviso no. 2 to Art. 5(4) of the Federal Constitution, inserted by way of amendment, are unlawful, unconstitutional, and null and void.

Aggravated Damages

  • Aggravated damages in the sum of RM10,000.00 for distress, etc. suffered during arrest.
  • Aggravated damages in the sum of RM10,000.00 for distress etc. suffered during detention at the cell in Setia Tropika immigration office.
  • Aggravated damages in the sum of RM10,000.00 for distress, etc. suffered during transportation from Setia Tropika immigration office to Pekan Nanas immigration camp (“Camp”).
  • Aggravated damages in the sum of RM360,000.00 for distress, etc. suffered during the 36-days detention at the Camp.
  • Aggravated damages in the sum of RM350,000.00 for distress, fear etc. resulting from detention without heart medication for the last 35 days in the Camp.
  • Aggravated damages in the sum of RM100,000.00 for stress, etc. that was continued to be suffered subsequent to release.

Exemplary (Punitive) Damages as Preventive (Deterrent) Measure

  • Exemplary damages in the sum of RM100,000.00 for violation of constitutional safeguards associated with arrest and for unlawful arrest.
  • Exemplary damages in the sum of RM100,000.00 for CIDTP inflicted upon the Plaintiff during the detention in the cell at Setia Tropika immigration office.
  • Exemplary damages in the sum of RM100,000.00 for transporting the Plaintiff, an elderly sickly asthmatic person, in conditions that undermined basic humanity and safety from Setia Tropika to Pekan Nanas.
  • Exemplary damages in the sum of RM100,000.00 for not providing the Plaintiff with basic toiletries and necessities at the Camp.
  • Exemplary damages in the sum of RM360,000.00 for detaining the Plaintiff under conditions of CIDTP at the Camp for 36 days.
  • Exemplary damages in the sum of RM700,000.00 for detaining the Plaintiff without heart medication at the Camp and thereby risking his life for the last 35 days.
  • Exemplary damages in the sum of RM370,000.00 for blatant constitutional infringement in never producing the Plaintiff before a Magistrate in connection with the 37-day detention in total.

Cost, Interest, Other Relief

  • Costs.
  • Interest at 5% per annum on the judgement sum from the date of release, namely 14.11.2018, to the date of full payment. 18 xix Such other and further relief as this Hon. Court deems fit.

More information is available in the Statement of Claim filed in the High Court.

Meanwhile, M Ravi has confirmed his involvement in the case and commented:

I’m glad that finally our legal team in Malaysia managed to file the Writ action against the Malaysian government on behalf of Gilbert Louis for damages on account of the various egregious breaches of  the Federal Constitution of Malaysia.I must say it was an intense week.I am looking forward to a positive  outcome on the  declaration sought in Gilbert’s Writ  that the Federal Constitution of Malaysia prohibits cruel,inhuman degrading punishment and treatment as Gilbert was subjected to such treatment at the detention centre which is run on the most appalling conditions unlike the normal  prison services. I  sought a similar interpretation in the Court of Appeal of Singapore that the Singapore Constitution prohibited cruel, inhuman,degrading punishment and treatment as the Wee Chong Jin’s 1966 Constitutional Commission  considered whether to include a prohibition against cruel and inhuman punishment. However,  it was rejected in 2010 in the case of Yong Vui Kong.A positive ruling on this point in Malaysia may persuade the Singapore courts to revist this aspect in future legal challenges. Happy for Gilbert that he is able to vidicate his legal rights before the Malaysian courts.

.

 

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12 Responses to “Singaporean sues Malaysian Government for 2.67 million”

  • HarderTruths:

    This guy went to stay in Malaysia. What did he expect?
    He took the risk now he pays for his stupidity.
    Case closed, let’s move on.

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  • Dr. Chan:

    At least better than Singapore. PAP government got power to brand anyone communist, lock them up for 30 years or more without trial. Force you to sign confession paper.

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  • TruBlu:

    malaysians can come to SIN CITY and walk about like agongs but sgs who go to malaysia are treated like dirt even if you spend our money there?

    even sg malays have problems and they have relatives in malaysia?

    some thing is not quite right here.

    nowadays,many MALAYSIAN PRs in SG hold top positions in private and especially GLCs and govt agencies and they SCREW AROUND with our livelihoods and our way of life by formulating PUBLIC POLICIES like HDB policies that benefit themselves and penalise sgs?

    our leeders are kooning on the job.
    they ought to be sacked,sacked,sacked in disgrace!

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  • rukidding:

    VEP toll starting soon!

    Tick for Tat….soon sillyporeans will also have to pay Vehicle Entry Permit ,..not just the toll charges.

    Well done Sinkapore….a tit for a tat..Mr Botak is no longer around to play with Looney Toon Loooong !

    The “Doctor” is back In Charge !!

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  • rukidding:

    Hmmm,…4 female friends ????

    This story is “half cooked” !

    If just one or two female is detected with “drugs” being consumed….case over !

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  • TRE also never report:

    Malaysia also offer scholarships to foreigners.

    Dr M: Govt to offer scholarships to Palestinian students

    https://www.malaymail.com/news/malaysia/2019/05/22/dr-m-govt-to-offer-scholarships-to-palestinian-students/1755429

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  • Musturbastor:

    Malaysians on SG PR get to benefit from best of both worlds.

    Singaporeans , however cannot get the same advantage if become Malaysia PR.

    Malaysians are benefiting more!

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  • most uselss:

    Malaysia is a true democractic country, this is why injustice can be addressed in courts and PH had chance to win.

    In Singapore, this sort of thing will never happen and with a sheep population, they rather be slaughtered.

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  • Singpaorean Kong Come:

    malaysians can come to SIN CITY and walk about like agongs but sgs who go to malaysia are treated like dirt even if you spend our money there? The Mother fxxker Ashamn tell the world Singaporean is daft, yet they (stupid Singaporean still give them full mandate). He is tipping the world can B bullied. Singaporean.

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  • Democratic Dictatorship:

    If the court is in Malaysia…..

    If the court is in SG…..

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  • DBS Bank Kena Use:

    MY deserve it. do you know that DBS kena use? Yes, the transaction surveillance unit, kena use by a contractor, did Piyush Gupta know he kena use or the board of director know they kena use?

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  • So lucky:

    Imagine if he was a Malaysian trying to sue the Singaporean government.Won’t happen.

    This is a reflection of true democracy under PH now.

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