KUALA LUMPUR – In a statement of defence filed at the high court here on September 9, the government applied to strike out a claim filed by lawyer Siti Kasim and her client, Anis Izzaty Ruslan, over allegations of false imprisonment.
Putrajaya said most of the allegations in the duo’s statement of claim were either false or that the government authorities involved acted in accordance with the law.
On June 7, Siti, along with Anis Izzaty, named the Royal Malaysian Police, 24 police officers, the office of the inspector-general, Kajang Hospital and its director, Dr Md Fikri Abu Bakar, the Health Ministry, Home Ministry and Malaysian government as defendants in a false imprisonment/public misfeasance suit.
The duo alleged that the action of the authorities was an abuse of power and amounted to false imprisonment, among others, and claimed damages.
The defendants on the other hand, charged that Kajang Hospital and police are not entities with legal capacity, and should not be named in the suit.
They added that said their actions were based on a June 21 police report filed by Anis Izzaty’s parents, who said they believe their daughter suffered from a mental health condition and feared she could hurt herself.
They said the police acted under Section 11 of the Mental Health Act 2001 (Act 615) with the purpose of bringing Anis Izzaty to Kajang Hospital for a psychiatric evaluation.
With allegations linked to the June 23 raid on Siti’s home, the defendants said police were acting on a police report under Section 363 of the Penal Code for kidnapping, saying it was an operation to “rescue” Anis Izzaty.
“The defendants emphasise that Siti Kasim was not arrested or detained at the time. Instead, the defendants’ actions were to save Anis Izzaty, who escaped from legitimate guardianship,” the statement of defence reads.
Then, when Siti arrived at the Kajang police headquarters that same night, it added that a commotion occurred when authorities informed the lawyer that she would be arrested for obstructing civil servants from discharging public functions.
The police said they later brought Anis Izzaty to Kajang Hospital at 11.30pm that night for a psychiatric evaluation, and that she was released at 2.30am.
The defendants requested the court strike out the writ and statement of claim under Order 18 Rule 19 of the Rules of Court 2012.
Earlier, the duo’s statement of claim alleged that in June 2018, 27-year-old Anis Izzaty was summoned by the Selangor Islamic Department (Jais) to give a statement.
It alleged that, as she was leaving the building after her questioning, 13 police officers attempted to detain her and threatened to use a “straitjacket” if she refused to comply.
She claimed she was then brought to Kajang Hospital against her will for psychiatric evaluation, where her parents were also present. Siti’s arrival at the hospital disrupted the evaluation as Anis Izzaty said she chose to leave with her lawyer instead.
Due to her fear of her mother, Anis Izzaty said she stayed in Siti’s condo in Segambut on June 23.
The same night, while Siti was attending an event, the police arrived at the unit and allegedly broke in to detain Anis Izzaty, who was hiding in a room.
She was brought to the Kajang police headquarters at 9.30pm, despite repeatedly telling authorities she willingly left with Siti.
In previous police statements, the case was classified after reports were filed under the Penal Code’s Section 363, which covers punishment for the kidnapping offence and Section 186, which covers the offence of obstructing a public servant from discharging public functions.
In a Facebook video on June 25, Siti rubbished claims that she kidnapped Anis Izzaty and urged the home minister to investigate the police’s actions when raiding her house. – The Vibes, September 19, 2021
