KUALA LUMPUR: A suit brought by former Bersih 2.0 chairperson Maria Chin Abdullah against the Inspector-General of Police (IGP), the Home Minister and the government over her wrongful detention under the Security Offences (Special Measures) Act (Sosma) 2012 in 2016, was today settled amicably.
Counsel Datuk Gurdial Singh Nijar who represented Maria, 63, said all parties have agreed to resolve the dispute after the three defendants agreed to pay RM25,000 in damages and RM5,000 in costs to his client.
He said the settlement was also reached without admission of liability.
“The case has been settled today with the government agreeing to pay RM25,000 in damages and RM5,000 in costs.
“Although the amount is not that high, Maria has brought this case based on her principles as this is a persecution against her because Sosma is actually an Act brought against terrorists.
“She was a Bersih chairperson but was detained and had to go through the procedures provided by the Act. Hence, she filed the suit,” he said, adding that Maria feels vindicated for the settlement.
The consent judgement was recorded by High Court judge Datuk Nik Hasmat Nik Mohamad in chambers.
Also present during the chamber matter was senior federal counsel Kamal Azira Hassan who acted for the IGP, Home Minister and the government.
In her suit filed on Aug 6, last year, the Petaling Jaya Member of Parliament claimed that her 10-day detention, from Nov 18, 2016, on the eve of Bersih 5.0 rally which was scheduled on Nov 19, was not justified under the law.
Maria contended that her arrest was based solely on her political belief or political activity as well as to intimidate the public generally about participating in the rally.
She also contended that her 10-day detention was cruel, oppressive and inhumane.
She claimed that she was in solitary confinement in a windowless cell measuring 8 feet by 15 feet inclusive of toilet space and had to sleep on a concrete floor supported only by a plank of wood without any mattress, pillow or blanket.
The above was despite the fact that she was 61 at the time and was suffering from various health ailments such as hypertension and osteoarthritis.
She had sought for general, aggravated and exemplary damages and costs.
Meanwhile, in the defence statement, the defendants claimed that the detention was not malicious and not due to political reasons.