Mahkamah Persekutuan pagi ini menolak permohonan menteri dalam negeri itu yang cuba mendapatkan kebenaran merayu terhadap keputusan mahkamah lebih rendah mengatakan kes saman itu perlu dibicarakan.
Saman itu difailkan oleh Amir Bazli Abdullah terhadap Ahmad Zahid yang dituduh menumbuk mukanya pada 16 Januari 2006 di Kelab Rekreasi Country Heights di Kajang, Selangor.
Amir Bazli mengalami patah hidung (kecederaan kekal) dan rosak kekal di bahagian sebelah kiri mata.
Lima orang Hakim Mahkamah Rayuan yang diketuai oleh Tan Sri Md Raus Sharif mengatakan persoalan undang-undang sudah selesai.
"Mahkamah Tinggi memutuskan bahawa kes itu perlu dibicarakan dan Mahkamah Rayuan mempunyai pendapat sama," kata hakim itu.
"Biarlah ini dibicarakan di mahkamah dan biarkan mahkamah membuat keputusan. Dia akan mempunyai ruang untuk merayu kemudian."
Md Raus kemudian menolak permohonan Ahmad Zahid dengan kos RM5,000.
Semasa kejadian itu dikatakan berlaku, Ahmad Zahid merupakan timbalan menteri penerangan.
Dalam satu kenyataan tuntutannya, Amir Bazli berkata, kira-kira jam 10 malam pada 16 Jan, 2006, dia berada di sebuah stesen minyak di Bangi apabila ejen defendan mendekati dan mengugutnya.
Mereka membawanya secara paksa ke kelab rekreasi Country Heights di Kajang.
Terdapat, plaintif menyaksikan Ahmad Zahid dengan menantunya bernama Hisham dan anak lelakinya yang dikenali sebagai KK. Terdapat juga beberapa yang lain bersama mereka. - malaysian insider
Karpal gesa AG dakwa Zahid Hamidi...
MP Bukit Gelugor Karpal Singh menggesa peguam negara mendakwa Menteri Dalam Negeri Datuk Seri Ahmad Zahid Hamidi atas tuduhan menyerang dan cubaan membunuh anak guamnya, ahli perniagaan Amir Bazli Abdullah, dalam satu kejadian pada 2006.
Karpal berkata, tiada tempoh masa ditetapkan untuk peguam negara menjalankan pendakwaan itu.
"Jika anda melihat keadaan kecederaan Amir Bazli Abdullah dan laporan polis yang dibuat ke atas Zahid, orang akan tertanya-tanya mengapa tiada pendakwaan dijalankan.
"Ini menunjukkan sifat semulajadi di negara ini (tidak mengambil tindakan),” katanya.
Sementara itu, peguam Gobind Singh Deo pula menuntut penggantungan jawatan Zahid sebagai menteri sebelum saman tersebut didengar di Mahkamah Tinggi Shah Alam, yang dijadualkan diadakan pada Ogos.
“Saya juga akan membangkitkan perkara ini di Parlimen,” katanya.
Zahid Hamidi to answer assault suit...
Umno vice-president and Home Minister Ahmad Zahid Hamidi's bid to strike out an assault suit filed against him by a businessman was thrown out by the Federal Court today.
Court of Appeal president Justice Md Raus Sharif, who headed a five-member bench, dismissed Zahid's application for leave to appeal before hearing submissions from Zahid's lawyer Shamsul Bahrin.
Shamsul Bahrin pointed out that the issue at hand refers to trespassing against a person. However, Karpal Singh, then the lawyer acting for Amir Bazli, interjected and pointed out that the points of law were not filed via a notice of motion.
The judges found that the points of law that were to be presented to the court were not done properly, for this was not done through a notice of motion but through submission.
"The matter has not gone through trial at the High Court in Shah Alam and you are not deprived of an appeal process. Let the trial proceed in the High Court.
"If we were to allow such application before the appeal proper, it will hold up other cases," Justice Md Raus said.
With this ruling of the highest court in the country, the civil suit by businessman Amir Bazli Abdullah (left in photo) against the home minister will begin in the High Court in Shah Alam on Aug 26.
Besides Justice Md Raus, the other judges in the hearing are Chief Judge of Sabah and Sarawak Richard Malanjum and Federal Court judges Abdull Hamid Embong, Suriyadi Halim Omar and Zainun Ali.
Amir Bazli, who had known Ahmad Zahid’s daughter, in his statement of claim alleged the minister, his son-in-law and others took him from a petrol station near Bangi, while he was filling petrol, sometime in early January 2006 to Country Heights, Kajang.
There they assaulted him with a hard object, resulting in his nose and skull being fractured.
“As a result of the beatings my left eye was swollen, and I could not open my eyes properly,” he said in his statement of claim.
Ahmad Bazli also claimed that Ahmad Zahid had threatened to kill him on that night and asked him to be placed in a gunny sack and said we will tanam (bury) you.
He was kept in Ahmad Zahid’s house until 2am before being released.
As a result of the injuries, he spent two weeks seeking treatment and subsequently he lodged a police report over the incident.
He is seeking the costs of his treatment, special, general, exemplary and aggravated damages and costs of the action.
Ahmad Zahid filed counter-claim
Ahmad Zahid, then a deputy minister in the Prime Minister’s Department, claimed in his defence that they did not taken Amir Bazli and he had came to their place on his own free will.
He denied punching Amir Bazli and claimed the injury was a concoction. He further denied causing serious injury to Amir Bazli’s face and did not leave a scar or even a mark.
The Umno vice-president further denied uttering the words that he would bury Amir Bazli and described it as scandalous. He also claimed it was false that he and his son-in-law had confined Amir Bazli.
Ahmad Zahid further claimed that his daughter is married to another person, and that Amir Bazli had abducted her and the couple’s two year-old child.
He claimed the incident had led to false publication of what actually transpired as it had been highlighted in several portals and Chinese newspapers.
Ahmad Zahid is seeking damages for causing considerable distress, libel, general damages for libel and other relief deemed fit by the court.- malaysiakini
Court of Appeal president Justice Md Raus Sharif, who headed a five-member bench, dismissed Zahid's application for leave to appeal before hearing submissions from Zahid's lawyer Shamsul Bahrin.
Shamsul Bahrin pointed out that the issue at hand refers to trespassing against a person. However, Karpal Singh, then the lawyer acting for Amir Bazli, interjected and pointed out that the points of law were not filed via a notice of motion.
The judges found that the points of law that were to be presented to the court were not done properly, for this was not done through a notice of motion but through submission.
"The matter has not gone through trial at the High Court in Shah Alam and you are not deprived of an appeal process. Let the trial proceed in the High Court.
"If we were to allow such application before the appeal proper, it will hold up other cases," Justice Md Raus said.
With this ruling of the highest court in the country, the civil suit by businessman Amir Bazli Abdullah (left in photo) against the home minister will begin in the High Court in Shah Alam on Aug 26.
Besides Justice Md Raus, the other judges in the hearing are Chief Judge of Sabah and Sarawak Richard Malanjum and Federal Court judges Abdull Hamid Embong, Suriyadi Halim Omar and Zainun Ali.
Amir Bazli, who had known Ahmad Zahid’s daughter, in his statement of claim alleged the minister, his son-in-law and others took him from a petrol station near Bangi, while he was filling petrol, sometime in early January 2006 to Country Heights, Kajang.
There they assaulted him with a hard object, resulting in his nose and skull being fractured.
“As a result of the beatings my left eye was swollen, and I could not open my eyes properly,” he said in his statement of claim.
Ahmad Bazli also claimed that Ahmad Zahid had threatened to kill him on that night and asked him to be placed in a gunny sack and said we will tanam (bury) you.
He was kept in Ahmad Zahid’s house until 2am before being released.
As a result of the injuries, he spent two weeks seeking treatment and subsequently he lodged a police report over the incident.
He is seeking the costs of his treatment, special, general, exemplary and aggravated damages and costs of the action.
Ahmad Zahid filed counter-claim
Ahmad Zahid, then a deputy minister in the Prime Minister’s Department, claimed in his defence that they did not taken Amir Bazli and he had came to their place on his own free will.
He denied punching Amir Bazli and claimed the injury was a concoction. He further denied causing serious injury to Amir Bazli’s face and did not leave a scar or even a mark.
The Umno vice-president further denied uttering the words that he would bury Amir Bazli and described it as scandalous. He also claimed it was false that he and his son-in-law had confined Amir Bazli.
Ahmad Zahid further claimed that his daughter is married to another person, and that Amir Bazli had abducted her and the couple’s two year-old child.
He claimed the incident had led to false publication of what actually transpired as it had been highlighted in several portals and Chinese newspapers.
Ahmad Zahid is seeking damages for causing considerable distress, libel, general damages for libel and other relief deemed fit by the court.- malaysiakini
Karpal urges AG to charge the home minister...
Veteran lawyer and Bukit Gelugor MP Karpal Singh has urged the attorney-general (AG) to charge Home Minister Ahmad Zahid Hamidi for assault and battery, and attempted murder of his client, businessman Amir Bazli Abdullah, in 2006.
Karpal (extreme left in photo) said that there is no time frame for the AG to prosecute, and that it could do so.
"If you look at the nature of Amir Bazli Abdullah's injury and the police report lodged against Zahid, one is left wondering why there was no prosecution done.
"This shows the nature in this country (in not taking action)," he added.
Meanwhile, lawyer and Puchong MP Gobind Singh Deo has called for Zahid to be suspended as a minister pending the hearing of the civil suit at the Shah Alam High Court, which is scheduled in August.
"I will also raise the matter in Parliament," he said.
“I have written to the AG over this as it is a serious matter that requires prosecution. However, he declined. It is still not too late. This shows the nature in this country (in not taking action) when people in high places are involved,” he added.
He said this is a clear-cut assault and battery case as there was enough evidence from Amir Bazli.
Karpal said today’s decision means that the matter will go for a full trial and the court decided that the suit is not frivolous.
“They (Ahmad Zahid’s lawyers) have tried to strike out the suit at the High Court and it was dismissed, and they tried it again at the Court of Appeal and again here.
“Let the matter go to a full trial,” he said.
Whatever it is, Karpal declared that Ahmad Zahid is not fit to continue as a minister.
‘Suspend Zahid’
Meanwhile, lawyer and Puchong MP Gobind Singh Deo has urged that Zahid be suspended as a minister pending the hearing of the civil suit at the Shah Alam High Court, which is scheduled in August.
“I reiterate my urging to the prime minister to suspend Ahmad Zahid as the home minister pending trial. I will also raise the matter in Parliament,” he said.
“The allegations against him are serious in nature and they extend beyond assault,” he said.
In reading out Ahmad Bazli's police report, Gobind said Ahmad Bazli was slapped, punched and hit with a hard object and they even threaten to cut off both his hands.
Even Ahmad Zahid, he said, allegedly threatened to put Ahmad Bazli in a gunny sack for the businessman to be buried, until this was stopped by the minister’s wife.
“These are serious allegation and the PM must explain why he sees it fit to have Ahmad Zahid remain as the home minister,” he said.
The Puchong lawmaker said, look at the A Kugan case where the judge found against the police and (present inspector-general of police) Khalid Abu Bakar.
Yet, he said, Khalid was promoted to become the IGP.
“The court has said something against the IGP. Yet he remains. I do not understand the PM, is he out in the woods, not being able to see the implications of his actions (to maintain them).
“We will have a home minister going for trial for something this serious soon. I reiterate my urging to remove him, or otherwise the PM should explain in these circumstances why Ahmad Zahid should remain as a minister in his cabinet and home minister.”
Amir Bazli said the extent of the injury to his left eye as a result of the 2006 assault, had resulted in him having blurred vision till today, and he also showed his dented forehead following the fracture.-malaysiakini
cheers.
Amir Bazli Abdullah kena tumbuk tanpa sebab?
ReplyDeleteMesti ada punca kenapa Amir Bazli Abdullah di tumbuk di hidung.
Mesti ada sebab kenapa Gobind Singh Deo mewakili Amir Bazli Abdullah.