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 September 1991, fresh after graduating from the Royal Military College (the 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 two weeks, was the first defendant, then holding the rank of captain in the said regiment. The second defendant was also a captain, and at all material time was attached to the said regiment as an intelligence officer.

The plaintiff alleged that while he was undergoing the orientation programme, he was ragged and assaulted by the first and second defendants. The first of the alleged incidents occurred on 8 September 1991 at the officers mess in the camp. The plaintiff accused the first defendant of ordering him to hold a used cylinder shell weighing one to two kilograms with a circumferenceof five inches by one foot in height with his hands full stretch. When he was unable to continue, the first defendant boxed him on his head and ear. Also involved in such an assault was the second defendant. By 12 midnight, after the first defendant had left the premises, the second 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 second defendant. According to the plaintiff, the second defendant immediately apologised to Major Madalan for his actions.

The second of the alleged incidents happened on 11 September 1991 around 11.30pm. This was at the computer enclosure next to the operation room in the camp. The plaintiff complained that the first 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 first defendant. The plaintiff attempted to escape from such beatings by running away, but was pursued by the first defendant hot on his heels. 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 Yen, 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 Dont tell me Mustafa, I know whats going on!, the first defendant remained silent. Orders were then given to escort the plaintiff and the first defendant separately to have their respective statements recorded.

Subsequent to this incident, the first defendant was replaced as an officer-in-charge of the plaintiffs orientation programme. Matters did not rest there, for the plaintiff complained to the then commanding officer of the said regiment, one Colonel Zaki (OW4) of the first and second defendants misdeeds. This lead to an investigation into the incidents, which eventually resulted in the first and second defendants being tried in a court-martial for assaulting the plaintiff. However, both these defendants were acquitted by the Military Tribunal of the charge.

The plaintiff continued his service with the said regiment until he voluntarily resigned from the force on 2 November 1993, after serving three years and two months.

The plaintiff claimed 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) (Dr Hakim) treated him, and found that he suffered profound deafness to his right ear, with mild deafness on his left. This, the plaintiff claimed, is due to the said assault upon him by the first and second defendants, and upon this, the plaintiff is seek