Thursday, December 8, 2011

Kelantan prince, Tengku Muhammad Fakhry Petra files RM150 million wrongful confinement suit against Malaysian police

Kelantan prince Tengku Muhammad Fakhry Petra is suing the Malaysian police for RM150 million for wrongfully confining him by stopping him from sending a Bentley Brooklands car to his father.

He is seeking RM100 million in general damages, RM50 million in aggravated and exemplary, interests, costs and any relief deemed fit by the court.

Tengku Muhammad Fakhry said Friday he decided to sue the police because what had transpired during the incident in 2009 was “grave injustice" and "unprofessional”.

“I have to take legal action on the basis of justice and fairness as it is my right as a Malaysian to do so according to law,” he told the Malaysian media in Kuala Lumpur.

However, the prince said he have no ill feelings or negative views against the police.

The prince filed the suit at the Kuala Lumpur High Court civil registry through hislawyers Datuk Harpal Singh, A.S. Dhaliwal, Devinder Kaur Dhaliwal.

In the statement of claim, the prince named Inspector-General ofPolice Tan Sri Ismail Omar, then Kelantan Sultan's chief personal bodyguard ASP Norazman Ismail, Kelantan police chief Datuk Abdul Rahim Hanafi and the Royal Malaysian Police Force (PDRM) as defendants.

In his suit, the prince said that he was requested by his father, then Kelantan Ruler Sultan Ismail Petra on Aug 30, 2009 to send a Bentley Brooklands car to Singapore as he was seeking medical treatment there.

However, the prince said he was stopped by police at Istana Mahkota Kubang Kerian while he was driving the car, accompanied by his lawyer Datuk Mohd Haaziq Pillay, towards the palace's gate.

Tengku Muhammad Fakhry said about 20 to 30 policemen were outside the palace gate to stop him from leaving its compound with the car, adding that he would show the video recording during the trial to prove his case.

In elaborating, the prince said the defendants had wrongly detained him while carrying firearms meant to cause him fear.

Besides that, the prince said he had been detained by five policemen for an hour, which also caused him to suffer emotional disturbance, anxiety, mental stress and humiliation among the royalty.

He said the confinement was wrong under the law and unconstitutional.

The prince is a brother of Kelantan Sultan Tengku Muhammad Faris Petra.

Manohara Odelia Pinot

The prince hit the headlines a few years ago over his domestic dispute with his estranged wife Indonesian model Manohara Odelia Pinot who had accused him of abuse.

He has denied those allegations.

On November 11, 2011, Tengku Muhammad Fakhry Petra also made headlines when he sued the publisher of the Malay Mail and three others for allegedly implying that he was involved in a conspiracy to assassinate his brother.

Tengku Muhammad Fakhry filed the defamation suit at the Kuala Lumpur High Court civil registry on the 42nd birthday of his brother and Kelantan ruler Sultan Muhammad V.

Tengku Muhammad Fakhry said he just wants the truth to prevail.

“I am suing them as there was no attempt to meet up or make an apology (over the publication),” he said.

The prince filed the claim at the High Court civil registry through his lawyers – Datuk Harpal Singh Grewal, A.S. Dhaliwal and Devinder Kaur Dhaliwal.

Devinder said that the prince was seeking RM50mil in damages as the publisher had failed to remove the defamatory article which is still available via Malay Mail online.

In the lawsuit, he has named Malay Mail Sdn Bhd, its printer The New Straits Times Press (M) Bhd, its chief editor Yushaimi Maulud Yahya and its journalist as defendants.

In the statement of claim, the prince said that the article published by the Malay Mail online on May 5th, 2010 had violated his good name and reputation.

The prince said the words meant that Kelantan palace security guard Ramli Mohamed was targeted by him and had been shot because he knew about the plan to assassinate his brother, who was then Kelantan Regent known as Tengku Muh­ammad Faris Petra.

The prince said he did not take any immediate action as he was waiting for the coroner’s verdict regarding the death of Ramli.

The court had since returned an open verdict which showed he was not involved in any criminal activity, said Tengku Muhammad Fakhry.

Besides that, he said he had never been charged by the police over the incident.

He said Malay Mail Sdn Bhd had failed to verify the truth of the facts and allegations before publishing the article.

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