The taxi driver who is suing the government for issuing his identity card number to another man was today told that he had not suffered from the identity duplication.

NONE Senior federal counsel Isnan Ishak put this to plaintiff Mohammad Daud Salleh, 42 ( left ), suggesting that this is because the latter was never dragged to court by other parties due to the identity duplication.  

Cross-examining the plaintiff in the High Court in Kuala Lumpur today, Isnan also suggested that the fact that Mohammad Daud did not lodge a police report after his wrongful detention by police for less than an hour in 1992 showed that he had not suffered any hardship.

Isnan: Do you agree that you did not suffer as a result of being issued a notice for default payment nor police action causing trauma that warrants compensation?

Mohammad Daud: I disagree as the bank and Road Transport Department sent compound letters demanding payments for wrongdoing that I did not commit.

Isnan: Did RTD, Public Bank and Ambank take action after your explanation?

Mohammad Daud: No.

Isnan: Did the Kota Baru City Council take you to court?

Mohammad Daud: No.

The senior federal counsel, while cross-examining second witness Mastura Abdul Rahman, who is Mohammad Daud's wife, also pointed out that the plaintiff did not have a doctor’s note to prove that he had undergone stress due to the duplicate MyKad. 

However, during re-examination by the plaintiff’s lawyer Yusfarizal Yussoff, Mastura told the court that her husband had suffered sleepless nights worrying about the loans taken under his name and identity card number.

“We were under a lot of pressure as we are not well-to-do and lived hand-to-mouth at the time… money that should have been used for the family was used to solve this problem (of duplicate MyKad).

“He had to pay for petrol to go to Putrajaya to the NRD and many other agencies,” said the mother of three.

Mohammad Daud had started working as a taxi driver in 2009, before which he  worked as a lorry driver and petty trader, while his wife is unemployed.

Judge: Plaintiff brought problems onto himself

The plaintiff had earlier testified that NRD issued him a new MyKad, with a new number in 2009, but he refused to collect it as this would affect his bank accounts, marriage certificate and children’s birth certificates.

However, presiding judge Amelia Tee Abdullah commented that Mohammad Daud had “brought the problems onto himself” by refusing to collect the new MyKad, with a new number, issued by the NRD following his complaint. 

“There is another person floating around using this MyKad number so to solve this (issue) the NRD has to cancel the old number and issue a new number, but (the plaintiff) wants to keep the old number so he is bringing the problem onto himself,” Amelia said. 

The cabbie is suing former National Registration Department director-general Kamaruddin Nordin, the current director-general, the Home Minister and the government for his predicament which began in 1992.

He claims that another person is using an identity card with the same name and number, and is seeking a court order for the NRD to cancel this person’s card. 

Mohammad Daud is also seeking reimbursement and exemplary damages over the department’s “carelessness” that has resulted in fruitless trips to various government agencies to resolve the matter.

'Imposter still free to use the MyKad'

He has since received notices of compounds and notices of default payment from the Road Transport Department, Public Bank Bhd, Ambank Bhd, Klang City Council and Kota Baru City Council, in relation to vehicles with the plate numbers BDF 5959 and WLY 3910.

He testified that he had made complaints to the Public Complaints Department (JPA), the police, Home Ministry, Finance Ministry, RTD and NRD on the matter.

He had also lodged a police report that his identity card had been forged.

Speaking to Malaysiakini later, Yusfarizal said his client refused to collect the new MyKad because there was no guarantee the “imposter” would not continue to use his identity, even if the number had been cancelled.

“You can sign up for all sorts of services with just a copy of the MyKad,” he said.

The duplicate MyKad bears Mohammad Daud’s name and identity card number but the holder’s photograph is different.

The trial will continue tomorrow with the testimony of NRD identity card department deputy director Ruslan Alias, and three other NRD officers.