The hearing of eight former Internal Security Act (ISA) detainees who sued the government in April 2004 for damages for unlawful arrest, detention for breach of constitutional rights and defamation started today.

The hearing in the High Court at Wisma Denmark, Kuala Lumpur saw the courtroom seats being filled by Special Branch officers and family members of the plaintiffs.

Counsel for the plaintiffs, Sivarasa Rasiah told reporters that the DPP has raised defences against their claims, namely:

1) denial that the arrests were unlawful;

2) justification and fair comment for the defamation claim and

3) the 'ouster' clause found in Section 8 of the ISA which disallows judicial scrutiny on the usage of the Act.

The eight plaintiffs - Mohd Ezam Mohd Noor, Tian Chua, Hishamuddin Rais, Saari Sungib, Badaruddin Ismail, Badrulamin Bahron, Abdul Ghani Haroon and N Gobalakrishnan were all present.

In April 2001, the plaintiffs were detained by then Inspector General of Police (IGP) Norian Mai under Sections 73(1) ISA 1967 for allegedly acting in a manner prejudicial to the security of the country.

They were detained on the grounds that they were militants and Reformasi activists who intended to use violent means vis a vis molotov cocktails, bombs and grenade launcher to overthrow the government of Malaysia.

The suit has named the IGP, Minister of Home Affairs and the government as defendants.

No evidence

This case is also in pursuant of the Federal Court's unanimous ruling in September 2002 that the first 60 days detention of five reformasi leaders, namely Chua, Ezam, Hishamuddin, Saari and Raja Petra Kamarudin under the ISA by the police were made in bad faith, and was thus unlawful.

They had filed a habeas corpus application against the detention made by the police under Section 73 of the ISA, which empowers the police to arrest up to 60 days those suspected of committing activities prejudicial to national security.

The apex court however, ruled that the judgement would not affect the two-year detention orders at the Kamunting Detention Center signed by the then Home Minister Abdullah Ahmad Badawi under Section 8(1) of the ISA.

Until today, the government has yet to produce any evidence to substantiate their allegations thrown at the political prisoners.

Ezam who was first to testify, explained that he was detained because of his political beliefs and activities which raised public awareness of the wrongdoings of former prime minister Dr Mahathir Mohamad.

"I was seen as a political threat to Umno and Barisan Nasional," he said from the witness stand.

He also denied all allegations for which he was detained because no evidence whatsoever was even shown to him in support of them.

The hearing, before Justice Kang Hwee Gee, continues tomorrow.