It has taken about three months, but two leaders of Keadilan and PAS have almost completed serving summonses to defendants they have named in separate suits filed at the Sandakan High Court in February.

PAS Sabah information chief Dali @ Ridwan Baharun and Keadilan's Libaran division chief Hassnar MP Ebrahim @ Asainae are claiming that their arrests and remand detention under the Sedition Act in February last year were unlawful.

Ten defendants

Seeking a total of RM40 million in damages, the duo claimed that the arrests were intended to stop them from exposing the unlawful and criminal acts of the police in demolishing and destroying houses belonging to residents at Kampung BDC in Sandakan during last year's operation against illegal immigrants.

Dali sought RM10 million in damages from10 parties including Sandakan police officers chief inspector Yusof Othman and inspector Majari Awaljari, officer-in-charge of Sandakan district police department Suhaimi Mohd Ali and Sabah police chief Ramli Yusuff as defendants.

Other defendants are the Inspector-General of Police and the federal government.

The same parties were also named as defendants in Hassnar's suit, in which he asked to be paid a total of RM30 million for the humiliation, pain and loss he had suffered.

Contacted today, Hassnar said the writ of summons had been served to all defendants except police chief Ramli, who he claimed has been avoiding the summons services.

"We have gone to the his office to serve the summons but he had refused to see us. Through his secretary, he instructed us to leave the premises. We now have applied to file substitute service via advertisement," he said.

Declaration wanted

In the suits, Dali and Hassnar alleged that the police had failed to exercise their duty in determining whether the duo had in fact commited any crime.

They also claimed that the police had acted recklessly and refused to heed their explanation that the destruction of the houses in Kampung BCD was a "crime against humanity" and that the affected villagers had the right to claim for compensation.

They alleged that their arrests made in full view of the residents were mala fide and aimed to publicly ridicule them and to frighten the residents off from complaining about the demolition of their houses.

The arrests and detention had injured their pride dignity and character, they claimed, and deprived them from carrying out their business and denied them their liberty.

Apart from damages, the two are also seeking a declaration that their arrests and detention were unlawful. They further want the court to order the police to issue a public apology.

Police action

In his statement of claim, Dali alleged that he went to Kampung BDC o­n Feb 28 last year after receiving calls from several villagers.

He said they had sought his help after their houses were demolished by the police and other authorities two days earlier, during an operation to arrest illegal immigrants.

After meeting the residents, he prayed at a local mosque. Soon after, two police personnel approached him and took him to the Special Branch office where he was interrogated.

He was then taken to the Sandakan police station where he met Majari who subsequently arrested him for incitement under the Sedition Act.

Dali was taken to the Sandakan magistrate's court where he was ordered to be remanded for a day. He claimed that, before he was freed o­n the next day, the police took him to his house where a search of the premises was conducted.

False statement

Meanwhile, Hassnar claimed that he was humiliated when he was suddenly arrested o­n March 22 last year after helping a group of Kampung BDC residents to lodge reports at the Sandakan police station.

He said Majari was very cynical and acted in a threatening manner to him and the complainants.

He said the police took him to the Sandakan subordinate court where a two-day remand order was given, although his lawyer was not there.

Hassnar claimed he was further humiliated when, upon his release, Suhaimi issued "a false statement" to the media stating that he (Hassnar) was arrested for disrupting the operations and instigating the natives and that he would be charged.

The statement was published by local dailies Borneo Mail and Utusan Borneo o­n March 26 last year.

The police did not charge either Dali and Hassnar.