January 12, 2012
Police ordered to file Statement of Defence to Wrongful Confinement suit by YAM Tengku M. Fakhry Petra
The High Court has directed the Police to respond to a RM150mil wrongful confinement suit filed by Kelantan Prince Tengku Muhammad Fakhry Petra against them.
Deputy Registrar Norhatini Abd Hamid had ordered the Police to file their statement of defence by January 31. The suit is fixed for case management before High Court judge Justice Zabariah Mohd Yusof on February 14.
Tengku Muhammad Fakhry has named Inspector-General of Police Tan Sri Ismail Omar, then Kelantan Sultan’s chief personal bodyguard Asst Supt Norazman Ismail, Abdul Rahim and the Police as defendants in his suit.
In his statement of claim filed earlier, the Prince said his father, the then Kelantan Ruler, Sultan Ismail Petra, had requested him on August 30, 2009, to send a Bentley Brooklands car to Singapore where he was seeking medical treatment.
He said as he was driving towards the gate at Istana Mahkota Kubang Kerian, accompanied by his lawyer Datuk Mohd Haaziq Pillay, he was stopped by the Police. Tengku Muhammad Fakhry claimed that there were some 20 to 30 Policemen outside the Palace gate to stop him from leaving the compound with the car.
The Prince also alleged that five Policemen also detained him for an hour, which put him in fear and caused him to suffer emotional disturbance, anxiety, mental stress and humilation among the royalty. He said the confinement was wrong under the law and unconstitutional.
He is seeking RM100mil in general damages, RM50mil in aggravated and exemplary damages, interests, costs and any relief deemed fit by the court.
Din Merican: the Malaysian DJ Blogger 
Aiya if he wins it is RM150 mil of tax money !! If only it comes direct from the IGP,s pockets, then it would be great !!!
Ken, If the IGP looses the public can demand that he resign from his post for negligent behaviour i.e unfit to hold the office of IGP.
The Kelantan Prince, YAM Tengku Muhammad Fakhry Petra , is not interested in the monetary aspects of the suit. His image and reputation, and that of family have been tarnished. After all, he was instructed by his father, then DYMM Sultan of Kelantan to send the car to Singapore. By obeying his father, he did not break any law. So the Police action was unwarranted. If he wins the suit, YAM Tengku Fakhry would have proven to all concerned that the confinement was wrong under the constitution and the Law. Justice must be done.–Din Merican
Anybody can allege anything. But I have a problem with the bigger picture here.
Is Fakhry Petra not the younger brother to Tengku Mahkota, Faiz Petra who took a minor for a wife (whose scheming mother, a fugitive from justice in France, conned the prince into parting with a cool RM1.1 million), confined her to his istana, alleged to have abused her physically and emotionally, lured her to Singapore and later kidnapping her after stoning the Devil in the Holy City of Mecca??
And now he wants taxpayers to cough out a cool RM100 million in general damages and another RM50 million in aggravated damages for alleged wrongful confinement by a shadowy special forces action unit trained by the British SAS for counter terrorism work i.e. the same unit that ‘rescued’ Anwar Ibrahim in 1998 so he could sample His Majesty’s hospitality at Malaysia’s own Hanoi Hilton??
Wow !! Isn’t this the stuff today’s Hollywood (or should it be Bollywood) spy movies are made of? Intrigue, espionage and counter espionage, involving a royal pedophile and high heeled foreign women of easy virtues?
Forget the frivolous civil suit and let’s take another look at the colorful characters with names like Pinot and Manz and Manohara and Daisy, not to forget links to the country’s agent provocateur Najib and his Russian translator a descendant of the great Genghiz Khan’ from Ulan Bator whose body was stuffed with military grade explosives and transported away never to be seen again
Tengku Fakhry is suing the PDRM for this incident( below). I don’t think it is fair for the present Sultan Muhammad V to treat his parents this way. The Sultan reigns till he dies. Just look at the Sultans of Selangor, Johore a few years ago. Or Thailand and Japan at this present time . WHY?
I think the current Sultan is ill advised by the Menteri Besar who was never in the good book of the rightful Sultan. Secondly ,using the UTKs in Balaclavas.
The instructions must be from the top. At that time Musa Hassan was the IGP. Today,Musa Hassan is one of the advisors to Sultan Muhammad V. Can you see the link here?
Here is the video for us to analyze without putting the emphasis on Tengku Fakhry personal matter with the Indonesian “razor blade”. At least here is a son, that Allah would consider a good son to his parents.
To TGNA, I am speechless. What kind of advice have you given to this young man to DERHAKA towards his own parents.
This is remaider that the Police can be brutul to anyone in Malaysia:
Mr.Scarlet (aka Sivaji) Pimpernel, please watch the above the videos posted here by democrat, and then you can comment whether the PDRM should or should not be sued. What crime was committed by an ailing ruler here to warrant such gangsterish action on their part. –Din Merican
Not interested in MONEY…then why sue for 150 million ??? Why not sue for a token pay cut of RM 10 from the IGP ?? The fact that IGP had a hand in the incident indicates the involvement of the federal government,and not just Nik Aziz lah !!!
I would not put up a defense if the sum is mere RM10.00 or RM100.00 because I can afford and also my legal fee will be 1000 fold to the sued amount. I would pay the RM10.00 or RM100.00 and laugh the matter off.
It made economy sense to defense if the sued sum is substantial; in this case it’s millions we are talking. Abang Ken, don’t get emotional with the RM. The prince doesn’t need that kind of money. Just look at the video. If a commoner uttered words that deemed insulting the royalty, the commoner will be ISA and keys thrown away till kingdom come.
Abang Ken, by now you must have seen the videos. How do you feel being treated as such? As for me I felt very sorry for the prince. We have to learn to look at think prospectively, not emotionally. Treat every case for it merit or demerit. The prince father is being treated as a terrorist here. Abang Ken, did you notice the sultan is lying sick in the car. Imagining, if the royal family can be treated as such, what can the PDRM not do? If Anwar has to spend 6 years in jail for a merely instructing PDRM to investigate his case then which, Anwar as DPM then has every right to authorized. These monkeys (PRDM) should be sent to Guantanamo Bay detention camp.
PRDM is sworn to protect the weak. To protect those cannot protect themselves. Not be used as tools for the government of the day. In other countries, the IGP heads will roll. This is a total ABUSED OF POWER and no court or judge can allow this to go unchallenged and unpunished.
I am rather sadden by the videos. I felt very unsecured for myself, my family and for fellow Malaysian now that I saw the behavior of our “protectors’.
Manohara is not a pedo in the true sense of the word. A pedo does not jet set on her own with friends. A pedo does not indulge in luxury items like expensive Hermes bags etc. Long before she met Tengku Fakhry. She was also seen in the company of Indonesian tycoon Aburizal Bakrie’s son.
I don’t condone such wealth and status seeking behavior. She allowed herself to be exploited by her greedy mother.
The issue here is police brutality towards an ailing Sultan and his dutiful son. The police and the PAS led state government must be held accountable . Tengku Fakhry does not have other choice but to seek legal recourse from the Courts. To me this is not a frivolous matter since it involves their rights as citizens.
The PAS Government in Kelantan has amended the constitution to legitimize the actions of a royal usurper to become sultan.
So Mr. Pimp, there is one word you should learn and must never forget: empathy !
A pedophile is an adult male sexually attracted to very young girls.
A law suit is termed “frivolous, vexatious and an abuse of process” if it has no chance of succeeding and would only bring hardship to the other party defending. In this case it is arguably not so.
There are real issues that need to be addressed.
Will someone please describe what is happening in both video clips since the bloghost has not provided the facts to the case but merely to inform readers that someone is filing a complaint against the police for allegedly wrongful confinement. There is more than just what appears to be wrongful confinement of an ordinary citizen here as a result of reasonable suspicion that a crime has been committed. I see weapons being drawn by police and levelled at unarmed civilians not in the position to resist and not a threat to their safety.
Democrat,
Where do you think some of that $150 million is coming from if not from you and your children who as taxpayers would be paying for it?
Democrat,
You are wrong about TGNA. There are many times when a Menteri Besar give their advice but the Sultan does not take heed. This is my father’s family. It’s more complicated than you think. Nevertheless, it’s embarrassing. But don’t accuse TGNA of having advised the Sultan to “derhaka” to his parents when you don’t know anything about it.
How young is young, Bean? 16 ok?
The police and the PAS led state government must be held accountable – Democrat.
How can you hold PAS and TG Nik Aziz responsible? The Police are a federal agency and take orders from Bukit Aman not the state government. How many times have the Police defied state government, Perak, Kelantan and Trengganu when under PAS are clear examples.
Are you saying that TG Nik Aziz ask those balaclava clad policemen to kidnap the Sultan?
Since no one has helped come out with the facts of the case, I’ll just go on the law.
If you go into a department store and you are suspected of shoplifting and the store security (not the police) confines you to a room or you believe you have been confined to a room to await the police. Is that wrongful confinement in view of the reasonable cause the department store has that you have been shoplifting? If it turns out that they are wrong and you are innocent, can you then sue them for wrongful confinement? What is wrongful confinement? Can you sue for emotional distress?
In this case there is more then meets the eye. Was there a palace coup and the federal government favored one against the other and used police and/or a paramilitary force to make a statement?
Malaysia is not a true federation and the states are not independent. It has neither its own police force, nor its own courts but only a written constitution making the Sultan the final arbiter on the issue of religion and Malay customs. In keeping with the constitutional language used, the sultan “shall act upon the advice” of the Chief Minister or Mentri Besar. With more and not less, states falling under the control of the oppposition the search for the ambit and limits of royal discretion in the affairs of the state has begun and will continue to be an issue which will surface to make constitutional headlines and no doubt make their way to the highest court in the land for a resolution.
So put your head down and your knees up against the seat in front and brace yourself for a hard landing. There will be many hard landings before the plane is condemned to the scrap heap.
And to answer the bloghost’s question on the power of arrest of the police.
The law in Malaysia cannot be too different from that followed over here. Both countries follow English common law. And at common law, the police only needs reasonable cause that a crime has been committed to, for example, stop and search you and if the police is in hot pursuit of a suspected criminal, he can do more than just stop and search you. He can pursue you into your house and without a search warrant search it and anything he sees in his field or span of vision (developed by courts here to the level of a doctrine) that he has reason to suspect it to be contraband, seize it. So long as the police observes all the constitutional safeguards found in the Fourth and Fifth Amendments of the U.S. Constitution the evidence seized cannot be suppressed in a court of law.
If you are suspected of having stolen property like being in possession of a car reported stolen, the police can stop you and search your car and pat you down for weapons to protect their safety (not to open the car’s glove compartment or any other containers) , and if the car is then compounded they can do an inventory list of what is in your car and any contraband found will be evidence against you in a court of law. But there are strict limits the police will have to observe in order not to fall foul of the Fourth Amendment on search and seizure. If the police falls foul of the constitutional provisions which protect citizens from unlawful search and seizure then any evidence found is not admissible in a court of law.
As to the issue of force like deadly force (use of firearms) only reasonable force could be used.
Just watching the videos provided, this is no ordinary stop and search. It contravenes all the law found both at common law and as modified by statutes.
Was there an arrest? This is not clear to me just from looking at it. Over here, if there is an arrest, the person arrested has to be told what the crime is and must have his Miranda rights read to him as required by the Fifth Amendment of the U.S. Constitution. If there is no arrest, then he is free to walk. Over in Malaysia, where rights don’t mean squat, the police just cuff you and bundle you into a police patrol car and whisk you away to the nearest police station to spend the night at the police lock-up like any common criminal. Good luck to him if he blurts out anything incriminating to the police meanwhile. The difference is the difference between a country looking to implement the rule of law and a country struggling to understand the meaning of the rule of law.
ooops …. reasonable cause to read “reasonable suspicion”
It looks like a kidnapping to me.
Hello vic, I think ken is not disputing the absurdity of the police action. Fakhry is initiating a civil suit against the IGP and police for wrongfull confinement and seeking RM150 mil as compensation. So it is about a lot of money, and not about salvaging his already tattered reputation !! Fakhry quite obviously has problems with his elder brother , the current Sultan, and the fact that the IGP and police were complicit points to the hidden hand of the federal govt. (UMNO) There is more than meets the eye on this one !! Palace and political intrigue ..Malaysia boleh !!
Yup. My emotional distress and your emotional distress is not worth a penny. But that of a royal upstart costs RM100 million. Taxpayers to pick up the tab.
Gimme a break!
“The Kelantan Prince, YAM Tengku Muhammad Fakhry Petra , is not interested in the monetary aspects of the suit.” — Din Merican
RM10k in nominal damages says he is not. RM100 million says he thinks we are all suckers.
The law is clear on emotional distress. But reputation? What reputation has he got that requires protection by the state constitution? Royals are not above the law. There never was any immunity to begin with.
The police will likely come up with some sort of defense to excuse the excessive use of force. As if to support this, a few heads will roll – if they have not already rolled.
DD – “You are wrong about TGNA. There are many times when a Menteri Besar give their advice but the Sultan does not take heed. “– you mean the previous Sultan and Sultanah?
Not the Sultan Muhamad V? He is also a student to TGNA. Will that help him to go to heaven and when he meets his maker.
Who seat in Kelantan State Assembly to approve constitutional change of the state? In this case appointing a new Sultan while his father is still alive?
The case was later taken to Federal Court, what can the judges do? They can only interpret the “amended” law passed by the Kelantan State Assembly.
This is purely an academic now. Without the State amendment of it’s law before going to the Federal court, definitely the Law would be read in a different manner.
The Sultan can still reins still he dies even if he is incapacitated . There will we a council of Regency to carry out his duties as a Sultan.
I have nothing against Sultan Muhamad V. I just don’t like TGNA attitude on this aspect.
This is legal but not nessarily ethical. Just like what TDM did when he amended the Federal Constitutions to enable him to do what he pleases.
That’s my two cents worth 😦
Yes, true as Democrat says. A sultan reigns until he reigns no more. Abdication so another could take over? Never tried. Never happened. Not in Malaya and later Malaysia.
Don’t know what the state constitution of Kelantan says prior to amendment. But in Kedah, Sultan Abdul Hamid was sultan although invalid and could no longer carry out his duties as ruler in the mid ’30s. Tunku Ibrahim became Regent until he died and my great grandfather became Regent in 1937 until he died and the present Sultan’s father then took over as Regent and later became Sultan.
The rest as they say is history.
DUIT LAH Tuan ku !!!
TheRakyat must find a way to pension off these leeches .