4 years legal battle over a RM304 bribery case

In 2004, I brought a 17 years old girl to lodge an ACA report for an alleged bribe of RM304. The Investigating Officer screwed up the case and the case was thrown out on technical grounds. The ACA did not even appeal to Higher Court. But even before the policeman was acquitted, he sued the girl for defamation which he claimed had tarnish his "reputation" and caused him be suspended from the police force.

The case became national issue when i brought the girl to lodge a complain to the Parliamentary Human Rights Caucus Chairman Datuk Nazri in 2005 on the ground that a civil servant should not sue a complainant who lodge a bribery case to the authority. Who will dare to come forward to complain to the ACA in future.

Nazri brought the case to the Cabinet and subsequently the Cabinet advised the policeman to withdraw the civil suit. The policeman refused to do so! See how great he is. The case went on and finally judgement was delivered yesterday. The Magistrate Court dismissed the policeman's case and ordered him to pay costs.

A big sense of relief...though it is not final yet...the policeman immediately appealed to the High Court. He has all the rights to do so..and our DAP's lawyer Siow Kim Leong who represents the girl has vowed to fight the case all the way. And Siow provided his service on a "pro-bono" basis (free legal service for a public-interest case).

Court throws out policeman's suit

2008/08/16

SEREMBAN: The magistrate's court yesterday dismissed a suit filed by a police lance corporal against a teenager who accused him of soliciting a bribe from her when she was stopped at a roadblock here in June 2004. Magistrate Saiful Bahari Adzmi said he was dismissing the suit on the "balance of probabilities" and he would give his grounds of judgment at a later date.

Lance corporal Bahrin Awang had sued Foo Sze Kuan, 20, for lodging an Anti-Corruption Agency report against him for allegedly asking her for a bribe when she was stopped at the roadblock.

Foo had claimed that the policeman asked her for RM304 to settle two traffic offences which she had committed.

Bahrin, who was at the time attached to the Rahang police station, filed a suit against Foo in March 2006.

The suit drew the attention of Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Abdul Aziz, who advised Bahrin to withdraw it, saying that it was a form of "veiled threat" that would discourage people from reporting corrupt practices.

However, the then Deputy Inspector-General of Police Tan Sri Musa Hassan said it was Bahrin's fundamental right and that they would not interfere.

Bahrin insisted on his right to sue, saying that the charges brought against him had embarrassed him and his family, and that the cabinet and others should refrain from commenting on the case. He said due to the charges brought against him, he was suspended on half pay and this caused great hardship to his family.

Foo was represented by Siow Kim Leong while Rajinder Singh appeared for Bahrin.

In his submission, Siow told the court that Foo was protected under Section 54 of the Anti-Corruption Act 1997 which clearly states that "no legal proceedings, civil or criminal, shall be taken against any officer of the agency or any individual assisting such an officer for any act which is done in good faith or for any omission which is omitted in good faith by such officer or other person".

Met outside court, Rajinder said his client would appeal against the decision. Bahrin, who was present with his son, declined comment..