The Shah Alam High Court today dismissed Hulu Klang assemblyperson Saari Sungib's RM5 million suit for damages against the police whom he alleged had acted unprofessionally and degraded his reputation during an assembly at a shopping mall in Subang Jaya, three years ago.

saari sungib summit toll protest police headlock sequence large 230307 Judge Zaleha Yusof made the ruling in chambers after allowing the application filed by the police to dismiss with costs, Saari's suit filed on May 16, 2008.

Saari, who was represented by Anwar Ezzad, had named the Subang Jaya and Selangor police chiefs, inspector-general of police and the Malaysian government as defendants.

Among the reasons for the dismissing of the suit were that the assemblyperson, in his writ of summons and a statement of claim, failed to name the officers involved in the incident.

The defendants, in their application, said that if the officers were not named as defendants, they could not enter their defence against the allegations.

In his statement of claim, Saari said that on March 18, 2007, about 10 policemen, without any warning, had grabbed his neck from behind, to prevent him from briefing 50 civilians at the shopping mall on the effects of toll hikes.

The PAS assemblyperson also claimed that he was badly treated by the policemen and was illegally detained at the Subang Jaya police headquarters.

Apart from seeking RM5 million in damages, costs, interest and other relief deemed fit by the court, Saari also filed an application for an injunction to restrain the defendants and their lower-rank staff from repeating their brutality on him.

He also demanded an apology from the defendants.

In their defence, the defendants refuted all of Saari's allegations, saying that he was found to have delivered a seditious speech aimed at provoking anger among the 300 people who were present during the assembly which was held without permit as stipulated under Section 27 of the Police Act 1967.

They also said that the Subang Jaya police deputy chief had given Saari three warnings to disperse but he had ignored them.

They added that the assemblyperson became aggressive and put up a fight which caused the police to use reasonable force to arrest him.

- Bernama