[2023] 6 MLRA 168
Court of Appeal, Putrajaya
S Nantha Balan, See Mee Chun, Azimah Omar JJCA
[Civil Appeal No: W-01(NCVC)-531-07-2022]
S Nantha Balan, See Mee Chun, Azimah Omar JJCA


Azimah Omar JCA:

[1] This is an appeal against the Learned High Court Judge's ("Learned Judge") decision dated 28th of June 2022 to allow the Respondent's claim against the Appellants for the tort of false imprisonment in respect of the remand of the Respondent under s 4(1) of the Prevention of Crimes Act 1959 ("POCA"). For convenience we shall refer to the parties by their titles in the High Court, ie Appellants as "the Defendants" and the Respondent as "the Plaintiff".

[2] In view of a myriad of police reports lodged by numerous complainants against the Plaintiff (for alleged extortion for protection money by threat of physical, business, and reputational harm), the Arresting Officer ("the 1st Defendant") had applied for a Remand Order for twenty-one (21) days under s 4(1) of POCA to the Magistrate in Kuala Lumpur on 11 July 2016.

[3] Satisfied with the 1st Defendant's due compliance of the pre-requisites under the same provision, the Magistrate accordingly issued the Warrant of Arrest dated 11 July 2016 to arrest and hold the Plaintiff under remand for 21 days until 31 July 2016 ("impugned Magistrate's Warrant"). The Plaintiff was accordingly held under remand pursuant to the impugned Magistrate's Warrant.

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