James Foong J:

[1] The plaintiff was a lieutenant attached to the 16th battalion of the Royal Malay Regiment (the said regiment) based in Kem Lok Kawi (the camp), Kota Kinabalu, Sabah. He first reported for duty on 2 November 1991 fresh after graduating from the Royal Military College (RMC). Before he was fully commissioned into the said regiment he had to undergo an orientation programme. The officer in-charge of this programme, which was to be for a period of 2 weeks, was the lst defendant, then holding the rank of Captain in the said regiment. The 2nd defendant is also a Captain, and at all material times was attached to the said regiment as an intelligence officer.

[2] The plaintiff alleged that while he was undergoing the orientation programme he was ragged and assaulted by the lst and 2nd defendants. The first of the alleged incidents occurred on 8 September 1991 at the officers' mess in the camp. The plaintiff accused the lst defendant of ordering him to hold a used cylinder shell weighing 1 to 2 kilograms with a circumference of 5 inches and height of 1 foot with his hands at full stretch. When he was unable to continue, the lst defendant boxed him on his head and ear. Also involved in such an assault was the 2nd defendant. By 12.00 midnight, after the lst defendant had left the premises, the 2nd defendant grabbed the plaintiff by his necktie and dragged him until he fell choking, crying and screaming. One Major Madalan, the then second in command of the regiment appeared, and upon noticing this, reprimanded the 2nd defendant. According to the plaintiff, the 2nd defendant immediately apologised to Major Madalan for his actions.

[3] The 2nd of the alleged incidents happened on 11 September 1991 around 11.30 pm. This was at the computer enclosure next to the operation room in the camp. The plaintiff complained that the lst defendant instructed him to do push ups, and while the plaintiff was on the floor he was kicked and boxed on his right ear by the lst defendant. The plaintiff attempted to escape from such beatings by running away but, was pursued by the lst defendant hot on his heels.

[4] At or near the door of the VIP quarters in the camp, the plaintiff fell to the ground and shouted for help. His plea was answered by one Lieutenant Colonel Zainal Yan, who was then a staff officer from the Ministry of Defence on some special mission to the said regiment. When cautioned by this senior officer with, "Don't tell me Mustafa, I know what's going on!", the lst defendant remained silent. Orders were then given to escort the plaintiff and the lst defendant separately to have their respective statements recorded.

[5] Subsequent to this incident, the lst defendant was replaced as an officer-incharge of the plaintiff's orientation programme. Matters did not rest there, for the plaintiff complained to the then commanding officer of the said regiment, one Colonel Zaki (DW4) of the lst and 2nd defendants' misdeeds. This led to an investigation into the incidents, which eventually resulted in the lst and 2nd defendants being Court marshalled for assaulting the plaintiff. However, both these defendants were acquitted by the Military Tribunal of the charge.

[6] The plaintiff continued his service with the said regiment until he voluntarily resigned from the Force on 2 November 1993, after serving 3 years and 2 months.

[7] The plaintiff claims that immediately after his alleged assault, he sought medical treatment from the camp hospital. This was followed by an ENT specialist examination on 12 and 17 December 1991 at the military hospital, when he complained of deafness in his ears. One Dr Abdul Hakim bin Jaafar (DW2) treated him, and found that he suffered profound deafness to his right ear, with mild deafness to his left. This, the plaintiff claims is due to the said assault upon him by the lst and 2nd defendants, and upon this, the plaintiff is seeking damages from them. The plaintiff is also seeking damages from the 3rd defendant