KUALA LUMPUR: Former Eastern Sabah Security Command's (Esscom) intelligence chief Senior Assistant Commissioner (R) Datuk Mat Zaki Md Zain has filed a RM100 million defamation suit and sought an apology from 11 individuals, some former and current policemen, over alleged unlawful arrest and ill-intended prosecution against him in the murder case of an e-hailing driver in Tawau last year.
Mat Zaki, in a statement today, said he filed the writ of summons at the Tawau High Court through Messrs Lincon & Co in Sandakan, Sabah on Aug 15 while three other former Esscom officers would do the same soon.
Among the 11 defendants from whom Mat Zaki is seeking an apology from were Datuk Seri Abd Jalil Hassan, Kuala Lumpur police chief Datuk Rusdi Mohd Isa, Selangor police chief Datuk Hussein Omar Khan, Datuk Idris Abdullah, Assistant Commissioner Jasmin Hussin, Dr Mohd Hakim Hashom, Deputy Superintendent Yusman Syahri Marinsah and former Inspector-General of Police Tan Sri Acryl Sani Abdullah.
Mat Zaki said the other basis of the suit were ill-intended investigation and abuse of the investigation process, ill intended reports and the leak of investigation details as well as wrongful prosecution and claims by the defendants.
He also alleged there was negligence and breach of statutory duties by the defendants as well as violation of Article 5(1) of the Federal Constitution.
He claimed that despite him and several officers under him were given the discharge amounting to an acquittal (DAA) under Section 302 of the Penal Code, they continuously faced pressure such as getting transferred out of Esscom and then out of the Sabah police contingent without justification, as if they have been convicted. https://www.nst.com.my/news/crime-courts/2024/01/1005680/ex-esscom-intel...
He said as the case had gone viral, it had led to the public, as well as those in the force, to perceive them as guilty for murder and it had affected their dignity, name and reputation until today.
"The charge and wrongful arrest without proof had also affected my reputation in the Malaysian, the Philippines and Indonesian intelligence community where before the case, I had successfully forged a good network to jointly safeguard the waters of the three nations from cross-border terrorist threats.
"Although given the DAA after a year in remand in prison, the responsible parties for the wrongful charge against us had never made the effort to apologise or try to restore our dignity, name and reputation.
"Despite being freed, we are facing continuous pressure from the defendants although we are in the process of recovering from the trauma they had caused with the wrongful charge," he said.
Mat Zaki said God had revealed the truth when two witnesses had made police reports stating they were abused, forced and induced to give false statements to enable the murder charge against them.
"A protected witness, who initially was the main suspect, had also made a guilty admission before the high court judge during the trial, for taking a pair of scissors to stab the victim at the scene.
"The deputy public prosecutor then did not want to continue the charge against us and we were given the DAA by the high court judge," he said.
Mat Zaki said they had filed the suit to not merely seek damages or want to shame or discredit anyone but it was to pursue justice.
In July last year, Mat Zaki, six policemen and a civilian pleaded not guilty to charges of murdering e-hailing driver Nurman Bakaratu, 61, between 7.30pm and 11.30pm at an oil palm plantation near Jalan Anjur Juara, Jalan Apas Batu 5, Tawau on Jan 13 the same year.