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Wednesday, October 15, 2014

Man seeks justice for violent treatment by Jais, police

Hashim Said (centre) with lawyer Noor Azah Azizah (left) during a press conference at Hashim's office in Hartamas, alleging abuse and beating by police following his arrest in 2006. – The Malaysian Insider pic by Afif Raiezal, October 15, 2014.Hashim Said (centre) with lawyer Noor Azah Azizah (left) during a press conference at Hashim's office in Hartamas, alleging abuse and beating by police following his arrest in 2006. – The Malaysian Insider pic by Afif Raiezal, October 15, 2014.A real estate agent wants his day in court to seek justice for allegedly suffering violent force at the hands of the Selangor Islamic Religious Department (Jais) and the police during a raid at his home eight years ago.
Hashim Said, 49, who had filed a RM1 million lawsuit against Jais and the police in 2008 for allegedly using violent force against him, has yet to obtain a trial date.
"I want justice, I want the officers to face the consequences of their actions under the law and I don't want the same thing to happen to others, so this should act as a lesson," he told reporters at the law firm of Messrs Azah Azizan & Co in Kuala Lumpur today.
She said that after the suit was filed in 2008, the police applied to strike out the suit, which was allowed by the Court of Appeal.
The court, however, denied Jais' application to strike out the suit.
Azizah also said Hashim was appealing the Court of Appeal's decision to allow the police to strike out the suit.
In his suit, Hashim claimed that the incident occured when personnel from the two enforcement agencies barged into his home and arrested him for allegedly committing khalwat (close proximity) in 2006.
He said that in the incident, not only was he remanded for more than 24 hours, but that Jais and police officers also physically abused him.
"I refused to open the door because they were knocking at about 3am and did not have any letter of authority, following which they started kicking my grille door,"  he said.
"I was puzzled why they were treating me that way, I was beaten until I sustained permanent injuries when the offence was only suspicion of khalwat," he said.
According to Hashim, although he was at home with a lady friend at the time, they were not doing anything against the law.
"I was not given a chance to explain the situation, at that time I was indeed with my girlfriend (now ex-wife) at home but we were not together, she was in the room and I was in the living room," he said.
Hashim said that his girlfriend, who was a newly-converted Muslim, tried to escape through a window but was apprehended by Jais officers.
"At that time, I still refused to open the door but when I saw that they had handcuffed her and brought her to the front of the house, only then I opened the door for them.
"When I did, I was pushed and my face hit the floor. They then handcuffed me and started to hit me, causing scratches on my face and my lips to crack. 
"They continued hitting me and stepped on me, and they even hit my head with a hard object.
"Despite being cuffed, I was pushed and my head hit the corner of a glass table.
"When I was in the jeep, my legs were tied with a rubber hose," Hashim added.
He said he was taken to the USJ 8 police station in Subang Jaya and held for more than 24 hours without being told what he was being remanded for.
He said that after he was freed the following morning, he lodged a police report over the incident.
"But no action was taken. I made a few reports but there was only silence," he said.
Hashim said that subsequent to his lodging the police report, Jais informed him in 2007 that there were withdrawing the prosecution against him.
"Even though they did not prosecute me, I decided to sue them, given all that I have been through, to the point of losing my income, my life and health took a turn for the worse, I became emotionally unstable and my marriage broke up."
Hashim said that he has medical reports to prove that he received treatment for his injuries from Universiti Malaya Medical Centre.
"In the medical report, the doctor confirmed that I was referred to the Plastic Surgery Department in Hospital Kuala Lumpur for treatment.
"I was also diagnosed with post-traumatic stress disorder, causing me to feel stressed and I ended up losing my job," he said.
NGO Suara Rakyat Malaysia (Suaram) executive director Yap Swee Seng, who was also present at the press conference said the NGO condemned the actions of the authorities against Hashim.
Yap said the agencies had not only showed utter disrespect for human rights, but they had also abused their powers.
"The fact that he was roughed up, hit and arrested was already a violation of human rights, what more when he was remanded for more than 24 hours, that is clearly against the remand orders," he added.
Yap said the government should view Hashim’s case with concern in its efforts to improve the public image of authorities.
"This is not the first time we are seeing a case like this, involving abuse of power For example, Jais cannot make arrests, only police can do so," Yap said.
He said that Jais and the police are duty bound to give an explanation to Hashim and the public on why he was treated that way.
"They owe an explanation to Hashim and the people, if they have investigated, tell us the outcome," he added.
- TMI

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