PUTRAJAYA, May 31 – The Federal Court has denied leave for a trader to appeal against a court’s dismissal of his RM2 million lawsuit against the police and government, in relation to his injuries during a Bersih rally. Court of Appeal President Tan Sri Md Raus Sharif, chairing a three-man bench today unanimously dismissed Aleyasak @ Hassan Hamid’s leave to appeal and ordered him to pay RM5,000 in legal costs to the respondents.
The respondents were Kuala Lumpur police chief, Dang Wangi police chief, inspector-general of police (IGP) and the Malaysian Government. The panel comprising Federal Court judges Tan Sri Azahar Mohamed and Datuk Balia Yusof Wahi rejected four questions posed by Aleyasak’s lawyer, Datuk Sri Gopal Sri Ram.
He sought leave to appeal from the Federal Court against the Court of Appeal’s dismissal of his appeal over findings of the High Court in May last year. The Court of Appeal had, on Feb 2 this year upheld the High Court ruling to dismiss Aleyasak’s suit. The Court of Appeal said the court found no reason to disturb the findings of the High Court.
However, it allowed the respondents’ cross-appeal to set aside part of the high court’s findings which said Aleyasak was attacked by police personnel. In allowing the cross-appeal, the Court of Appeal also held that there was no evidence led by Aleyasak that the Kuala Lumpur police chief, Dang Wangi police chief and the IGP were the tortfeasors, in order to make the Government of Malaysia vicariously liable.
Aleyasak, 39, alleged in his lawsuit that Federal Reserve Unit personnel had stomped and kicked him repeatedly in the knee and right flank, causing him to suffer a broken left foot, cuts, bruises and swelling in the left knee. He claimed the incident happened when he was at the Bersih rally in Jalan Tun Perak, near Dataran Merdeka on Nov 10, 2007. Senior federal counsel Alice Loke acted for the respondents.