The Court of Appeal in Putrajaya today maintained that former Internal Security Act (ISA) detainee Badrul Zaman PS Mohamad was wrongfully detained, but reduced the amount of damages awarded to him to RM300,000, from RM3.3 million.

A three-member Court of Appeal panel led by Justice Syed Ahmad Helmy Syed Ahmad unanimously dismissed the appeal brought by the Kamunting Detention Centre superintendent, deputy home minister and the government against the decision of the High Court which had held them liable for unlawfully detaining Badrul Zaman.

However, the panel, also comprising Justices Abdul Wahab Patail and Mohamad Ariff Md Yusof, allowed their appeal on the quantum.

“The High Court’s decision on the quantum (in granting RM3.3 million to Badrul Zaman) is set aside and substituted with an award of RM300,000,” said Syed Ahmad Helmy.

The court also ordered Badrul Zaman to be paid eight percent annual interest from the date of filing of his civil suit, on Nov 30, 1994 until settlement of the case.

The court also awarded RM15,000 in legal costs to Badrul Zaman.

Upon hearing the court’s decision, Badrul Zaman stood up and thanked the judges.

Badrul Zaman’s lawyer, M Manoharan, who is Kota Alam Shah assemblyperson, told reporters after the proceedings that with interest, the awarded sum should come up to more than RM800,000.

The lawyer, who is also a former ISA detainee, said he was happy that his client’s detention was declared unlawful, but said he would bring the matter up to the Federal Court on the issue of quantum.

Badrul Zaman was detained for three years from 1991, for alleged involvement in issuing fake permits and passports to foreign workers.

His detention order was then extended for another two years effective Sept 14, 1993.

However, Badrul Zaman did not challenge the validity of his initial two years detention order. He only challenged the extension of his detention order for another two years issued by the deputy home minister.

He was released in 1994 after the Penang High Court allowed his habeas corpus application.

Senior federal counsel Suzana Atan represented the Kamunting Detention Centre superintendent, deputy home minister and the government.

- Bernama