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1999 MarsdenLR 1785

ZALEHA ZAHARI
SAUL HAMID BIN PAKIR MOHAMAD – Appellant
Versus
INSPECTOR ABDUL FATAH BIN ABDUL RAHMAN – Respondent


Advocates:
For the Plaintiff - Encik Gobind Singh Deo, Tetuan Karpal Singh & Co.
For the Defendants - Syed Marzidy bin Syed Marzuki, Federal

ALASAN PENGHAKIMAN

By this suit the Plaintiff, Saul Hamid bin Pakir Mohamad, seeks to recover damages for wrongful arrest, wrongful detention and malicious prosecution. He grounds his claim on abuse of power, negligence and/or breach of statutory duty.

The Defendants denies the Plaintiff's claims and puts the Plaintiff to strict proof thereof.

I ISSUES FOR DETERMINATION

I propose to deal with the issues raised in this case the following chronological order:

(a) Whether on the facts of this case the police had authority to arrest the Plaintiff?

(b) Whether it was open for the Plaintiff to raise the issue of not being informed of the grounds of his arrest by reason of the

[2]

fact that this issue was not raised in his Statement of Claim; and should this Court hold that the Plaintiff could raise this as an issue, whether, on the facts of this case, the Plaintiff had in fact been informed and had knowledge of the grounds of his arrest?

(c) Whether, on the facts of this case, the detention of the Plaintiff was authorized by law?

(d) Whether, on the facts of this case, the police were in breach and/or negligent in the exercise of their statutory duty to investigate?

(e) Whether, on the f

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