Police officers have a duty to ensure lawful arrests and detentions, and failure to verify identity constitutes negligence and misfeasance in public office.

JUDGMENT

(After Trial)

John Lee Kien How @ Mohd Johan Lee J:

Introduction

[1] This case related to unlawful arrest and detentions of an unfortunate man namely, Thayanantha Rao Bala Krishna ("the Plaintiff") whose identity was exploited by a criminal.

Brief Facts Of The Case

[2] The 1st Defendant is at all material times, an Assistant Investigating Officer ('IO') with Jabatan Siasatan Jenayah Narkotik, IPD Dang Wangi, Kuala Lumpur.

[3] The 2nd Defendant is a patrolling officer at IPD Dang Wangi, Kuala Lumpur. He was the officer who arrested the Plaintiff on 10 May 2019, the date in issue.

[4] The 3rd Defendant was an IO from Bahagian Siasatan Jenayah Narkotik, IPD Dang Wangi, Kuala Lumpur as well as the Inspector granting police bail to the Plaintiff.

[5] The 4th and 5th Defendants were the Officers in Charge of the Police District (OCPD) at IPD Dang Wangi and IPD Brickfields respectively.

[6] The unfortunate event happened to the Plaintiff in 2019. However, to understand the material facts leading to the arrest in 2019, one must know what happened in 2017 when all his nightmares began.

[7] On or about 20 December 2017, as the Plaintiff was riding his motorcycle around Jalan Imbi, Kuala Lumpur, he was stopped by a police officer and was asked to produce his national registration identity card ("IC"). The Plaintiff complied with the request. Upon obtaining the IC, the police officer proceeded to conduct a search in the police database ("the PDRM Database"). Shortly thereafter, the Plaintiff was informed that the result of the search showed that the Plaintiff was wanted by the police for an offence under the Dangerous Drugs Act 1952 ("the DDA 1952"). Immediately, the Plaintiff was arrested. He was brought first to IPD Dang Wangi and at about 7.30pm on the same day, the Plaintiff was taken to IPD Brickfields at Sri Petaling, specifically to the Narcotics Division for further investigation ("the 1st Arrest and Detention").

[8] At or about 10.00pm on 20 December 2017, the Plaintiff was informed by a police officer that he would be immediately released without charge and/or further investigation as the police had found out that even though the PDRM Database did identify the Plaintiff's IC as being the person wanted by the police, the Plaintiff did not fit the photofit of the wanted person and that wanted person had wrongly used the Plaintiff's IC number. The Plaintiff was later informed that the wanted person who had purportedly misused his IC was one Mohd Shukri Rao bin Abdullah ("Shukri Rao"). On 22 December 2017, the Plaintiff lodged a police report ("the 1st Police Report") in which he narrated the details of the 1st Arrest and Detention and denied any involvement in the offences to which the PDRM Database referred to the Plaintiff's name and IC number.

[9] Fast forward, a year and half later, on 10 May 2019, between 9.00pm and 9.30pm, the 2nd Defendant together with other police officers who were carrying out 'Ops Rentap' in and around the area of Jalan Khoo Teik Lee, Off Jalan Imbi, Bukit Bintang, approached the Plaintiff and asked him to provide his IC. The 2nd Defendant then conducted a criminal record search on the Plaintiff and was told him that the PDRM Database showed that the Plaintiff had committed several serious crimes and that the Plaintiff was wanted by the police for an offence under the DDA 1952. The Plaintiff attempted to explain to the 2nd Defendant that this was a case of mistaken identity and that he had all the details in his mobile phone. However, this was ignored by the 2nd Defendant who then arrested the Plaintiff and the latter was brought to IPD Dang Wangi ("the 2nd Arrest" and Detention). At IPD Dang Wangi, the 2nd Defendant lodged his arrest report, THSL/13274/19 ("the 2nd Defendant's Arrest Report in 2019").

[10] The second day, 11 May 2019, the Magistrate, upon such application by the 1st Defendant, granted the remand order for 3 days until 13 May 2019 ("Remand Order"). On 13 May 2019, the 1st Defendant info