Bernama) - A guest relations officer (GRO), who was photographed
easing herself in a truck by a volunteer reserve corps member
(Rela) after she was detained in a raid, Friday filed a suit
against him and three others seeking RM5 million in damages.
The writ of summons was filed by Messrs Karpal Singh & Company
at the Civil High Court Registry in Wisma Denmark at 3.00 pm
Friday.
Maslinda Ishak, 26, named the Rela member, Mohamad Tahir Osman, the
Director-General of Rela, the Federal Territory Islamic Affairs
Department (Jawi) and the Government of Malaysia as
defendants.
In her statement of claim, Maslinda said that together with others,
she was placed in a truck and taken to Taman Maluri, Cheras, after
being arrested by Rela and Jawi officers at Kelab De Vegas, Jalan
Imbi, Kuala Lumpur during a joint operation at about 11.30 pm on
March 21.
She said she requested permission to use a toilet to ease herself
when the truck was in the vicinity of Jalan Jejaka 5, Taman Maluri,
Cheras at about 12.50 am on March 22 but the Rela and Jawi officers
denied her permission to do so.
Maslinda claimed that instead, the officers scolded her and asked
her to relieve herself in the truck.
She said she then requested her friends to form a circle around her
with a scarf as she was in desperate need to ease herself.
She said at that point, Mohamad Tahir suddenly opened the back door
of the truck, pushed Maslinda's friends away as well as pulled away
Maslinda's scarf and immediately started taking photographs of her
while she was in the midst of easing herself.
She is seeking, among others, general damages, including aggravated
and exemplary damages, in the sum of RM5 million, interest, costs
and any further relief deemed fit by the court.
Maslinda said that Mohamad Tahir's action constituted a grave
trespass to her person and had caused her to suffer embarassment,
humiliation and severe emotional and mental shock and trauma.
She also claimed that the Rela and Jawi officers, who were present
at the time of the incident, breached their duty of care towards
her by allowing Mohamad Tahir to take photographs of her.
Maslinda also claimed that the defendants were negligent for not
permitting her to ease herself in a toilet, giving her no choice
but to relieve herself in the truck as well as enabling Mohamad
Tahir to take photographs of her and also for failing to stop
Mohamad Tahir from acting in the manner that he did.
She said the officers had abused their powers and authority by
denying her permission to ease herself and that Mohamad Tahir acted
in utter disregard and contempt of her feelings and dignity.
Maslinda claimed that Mohamad Tahir abused and misused his powers
as an officer from a government law enforcement agency by intruding
on her privacy with intent to insult her modesty by taking her
photographs while she was easing herself.
On April 16, the Kuala Lumpur Magistrate's Court sentenced Mohamad
Tahir, 40, to four months' jail after he pleaded guilty to
insulting Maslinda's modesty by taking 31 photographs of her easing
herself.
Speaking to reporters later, Karpal said the sentence imposed on
Mohamad Tahir was manifestly inadequate and he had written to the
Attorney-General's chambers requesting him to file an appeal
against the four months jail sentence.
He said that if the Attorney-General did not appeal against the
sentence, he would apply at the High Court for a revision to have
Mohamad Tahir's sentence increased.
