Special Branch Duo Sue Border Agency Chief Over KLIA Altercation

Two Special Branch policemen have filed a civil suit against Malaysian Border Control and Protection Agency director-general Datuk Seri Mohd Shuhaily Mohd Zain over the KLIA altercation in September, Malay Mail reported.

Lance Corporals Muhammad Ekmal Sofwan Dirman and Mohamad Faiz Muhamad Saman filed the suit at the Sepang Sessions Court on Wednesday (Nov 4), naming Shuhaily as the sole defendant in his personal capacity. The federal government is not named in the suit.

Lawsuit over KLIA altercation

The two officers are claiming general, special, exemplary and aggravated damages for assault, battery, false imprisonment and defamation, according to the report. No amount was stated. They are represented by lawyers Kamal Hisham Ja’afar and Muhammad Nor Tamrin.

The Vibes, as carried by Newswav, reported that the officers welcomed the government’s position that all parties were subject to the law and viewed civil proceedings as the appropriate channel.

Border Agency – What the officers allege

According to the statement of claim, both men were deployed as Travel Control Officers at KLIA Terminal 1 on Sept 28, carrying out security surveillance during Shuhaily’s working visit to inspect border entry protocols for arriving Formula One contingents.

At about 1.27pm, near Counter J on Level 5, they allegedly saw Shuhaily angrily confronting a civilian during a document check in an enclosed inspection area. Faiz took photographs for internal intelligence logs.

The claim states that the agency’s deputy director-general for operations, Datuk Mohd Nasaruddin M. Nasir, seized Faiz’s phone and escorted both officers to Shuhaily. After learning they were from the Special Branch, Shuhaily allegedly questioned why police intelligence was monitoring the agency’s personnel and started a physical confrontation.

The plaintiffs allege he headbutted Ekmal four times before grabbing both of Faiz’s ears and violently shaking his head.

The defamation claim relates to remarks Shuhaily made at a media briefing in Putrajaya on Oct 1, in which he allegedly implied that the officers had deliberately sabotaged border operations and recorded the altercation to tarnish the agency. The officers say this damaged their professional integrity and caused distress to their peers and families.

Criminal case pending

Shuhaily was charged at the Sepang Magistrate’s Court on Oct 21 with two counts of voluntarily causing hurt to the two officers under Section 323 of the Penal Code. He pleaded not guilty to both counts and is on court bail.

The reports did not carry any response from Shuhaily or the agency to the civil suit.

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