Background Facts

[1] This is a case of custodial assault and police brutality against a man who was suspected to be involved in a crime which never was. The respondent herein, had, in the early hours of 22 November 2008 accompanied his friend, one Abdul Manan b Hasan (SP4) to the Ibu Pejabat Polis Kontinjen (IPK) Melaka. It was about 4.00am. Earlier, at about 3.30am while they were enjoying themselves at the Rally Club, Melaka, SP4 received a phone call from an unidentified police personnel asking him to come over to the IPK. In the said phone conversation, SP4 was asked whether he was involved in a fight involving a police officer at a restaurant in MITC Melaka. SP4 was directed to see a police officer by the name of Hassan b Marsom, the 1st appellant herein.

[2] At the IPK, SP4 went in to see the 1st appellant while the respondent waited at the guardhouse. About half an hour later, the respondent was brought to the