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