PUTRAJAYA, June 24 – Kelantan prince Tengku Muhammad Fakhry Petra has failed in his bid to reverse a High Court ruling over his RM150 million suit against the police and three others for alleged wrongful confinement.
The Court of Appeal today dismissed with RM10,000 costs the appeal brought by the younger brother of the Sultan of Kelantan against the High Court’s dismissal of his suit.
Justice Datuk Mohd Hishamudin Mohd Yunus who presided on the appeal together with justices Datuk Mohamad Ariff Md Yusof and Justice Datuk Abdul Aziz Abdul Rahim held that the court would not disturb the finding of facts of the High Court judge.
The panel made the decision after hearing submissions from Tengku Muhammad Fakhry’s counsel A.S. Dhaliwal and senior federal counsel Md Azizan Arshad who appeared for the defendants.
On Nov 7 last year, the Kuala Lumpur High Court rejected Tengku Muhammad Fakhry’s suit after hearing testimonies from five witnesses for the plaintiff and five others for the defendants.
Tengku Muhammad Fakhry filed the suit on Dec 9, 2011 and had named Inspector-General of Police at that time Tan Sri Ismail Omar, the Kelantan Sultan’s chief personal bodyguard ASP Noorazman Ismail, Kelantan police chief Datuk Abdul Rahim Hanafi and the Royal Malaysia Police as defendants.
In his statement of claim, he said he was stopped by policemen on Aug 30, 2009 from leaving the palace grounds in Kubang Kerian because he was driving his father’s Bentley car.
He contended that it was his father, the former Sultan of Kelantan Sultan Ismail Petra, who wanted the Bentley sent to Singapore where he (the sultan) was receiving medical treatment.
Dhaliwal when approached by reporters said he would get his client’s instructions whether to file an appeal over today’s outcome to the Federal Court. – Bernama
