October 9, 2010
Tengku Muhammad Fakhry Petra: Confined by Police without Proper Cause
by Bernama (10-08-12)
The Sultan of Kelantan’s brother, Tengku Muhammad Fakhry Petra told the High Court today that he had not committed any criminal offence on July 30 2009, the day he was confined by Police. Tengku Muhammad Fakhry, 34, testified that he was neither informed of any criminal wrongdoing nor the reason for his detention by the police in the Istana Mahkota grounds, in Kubang Kerian, Kelantan.
“I was confined for at least an hour by the Police and not allowed to leave the Palace grounds that day,” he said during the proceedings against Inspector-General of Police Tan Sri Ismail Omar and three others related to his alleged wrongful confinement on July 30 2009. He added that his lawyer, Datuk Mohd Haziq Pillay, was also in the car with him at the time.
The fifth plaintiff’s witness said that just before he was detained by the Police, he had driven out the Bentley Brooklands car that belonged to his father, Sultan Ismail Petra, from the Palace garage.
Tengku Muhammad Fakhry said prior to that day his father had instructed him to drive the car down to Singapore.However, as he was about to drive the car out of the palace grounds a Volvo had blocked his way and the main gates were closed.
Tengku Muhammad Fakhry described the situation as scary saying he saw several armed Policemen moving in and out of the Palace.
During cross-examination by senior federal counsel, Azizan Md Arshad, who represented the defendants, Tengku Muhammad Fakhry said he was not aware of the order issued by his brother, the acting Sultan of Kelantan at the time, Tengku Muhammad Faris Petra, prohibiting him from taking the car out of the palace.
He also refuted Azizan’s suggestion that the Police had actually prevented the Bentley Brooklands from being taken out of the Palace grounds and had not confined him.
The plaintiff filed a RM150 million suit on December 9 last year, naming the IGP; the Kelantan Sultan’s chief personal bodyguard, ASP Norazman Ismail; Kelantan police chief at the time, Datuk Abdul Rahim Hanafi, and the Royal Malaysian Police as the first to fourth defendants respectively.
In his statement of claim, Tengku Muhammad Fakhry alleged that he was wrongfully confined on July 30, 2009 in the compound of Istana Mahkota, Kubang Kerian as he was about to leave in a Bentley Brooklands car.
He is seeking RM100 million in general damages, RM50 million in aggravated and exemplary damages, interest at a rate of four per cent, costs and other relief deemed fit by the court.
The trial before Judge Datin Zabariah Mohd Yusof resumes tomorrow (October 9, 2012). — Bernama