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2014 MarsdenLR 1092

HIGH COURT SABAH & SARAWAK KUCHING
VOON LEE SHAN – Appellant
Versus
ANOI KIAN & ORS – Respondent


[1] The plaintiff, a former senior police officer in the Royal Malaysian Police Force for more than 17 years, an advocate and solicitor of the High Court of Sabah and Sarawak and a former Member of Parliament claims damages for, inter alia, malicious prosecution, unlawful arrest, assault and defamation which he suffered in the hands of the 1st, 2nd, 3rd and 4th defendants as servants, employees, and/or agents of the 5th defendant.

[2] The plaintiff had appeared in a remand proceeding, acting on behalf of an accused person known as Hendrick Tan Boon Kai (Hendrick Tan) on 11 July 2000 at the District Office, Kota Samarahan. The 1st defendant, Anoi Binti Kian (DW2), who was then an Inspector, had appeared to apply for a 14 day remand against the said Hendrick Tan but the Magistrate upon hearing the submissions of the plaintiff, released the said Hendrick Tan unconditionally. As it followed, outside the Court, the 1st defendant had attempted to rearrest the said Hendrick Tan. But after an exchange of words with the plaintiff, the 1st defendant desisted and as I find, made no further attempt to re-arrest the said Hendrick. The plaintiff and Hendrick Tan were then driven away together in

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