The High Court in Kuala Lumpur was told today that the Kelantan sultan’s brother, Tengku Muhammad Fakhry Petra, was never barred from leaving or entering Istana Mahkota, Kubang Kerian, in July 2009.

Senior federal counsel Azizan Md Arshad said the prince was also never detained by the police.

He was submitting in the hearing of the prince’s RM150 million suit against inspector-general of police Ismail Omar and three others pertaining to his alleged wrongful confinement on July 30 2009.

NONE Azizan said based on testimonies by witnesses for the plaintiff, namely, Tengku Muhammad Fakhry ( right ) himself and lawyer Mohd Haaziq Pillay, no physical violence or order was made to stop them from leaving the palace ground on July 30, 2009.

“It was the Bentley (Bentley Brooklands) car which was not allowed out of the palace ground on the order of the then-acting (Kelantan) Sultan (Tengku Muhammad Faris Petra),” he added.

Meanwhile, lawyer AS Dhaliwal, representing Tengku Muhammad Fakhry, submitted said none of the witnesses for the defendants informed the plaintiff that he was free to leave the palace ground on that day.

He said Istana Mahkota was a private residence and the defendants had no right to close the gate and stop the plaintiff from leaving the palace ground.

The plaintiff filed a RM150 million suit on Dec 9 last year, naming the IGP; the Kelantan Sultan’s chief personal bodyguard , Insp Norazman Ismail; Kelantan police chief at the time, Abdul Rahim Hanafi, and the Royal Malaysian Police as the first to fourth defendants respectively.

In his statement of claim, Tengku Muhammad Fakhry alleged that he was wrongfully confined on July 30, 2009 in the compound of Istana Mahkota, Kubang Kerian as he was about to leave in a Bentley Brooklands car.   

He is seeking RM100 million in general damages, RM50 million in aggravated and exemplary damages, interest at a rate of four percent, costs and other relief deemed fit by the court.   

Judge Zabariah Mohd Yusof set Nov 8 for decision.

- Bernama