`


THERE IS NO GOD EXCEPT ALLAH
read:
MALAYSIA Tanah Tumpah Darahku

LOVE MALAYSIA!!!


 


Tuesday, July 23, 2013

ZAHID IN HOT SOUP : Assault victim claims intimidation, U-turns on mediation

ZAHID IN HOT SOUP : Assault victim claims intimidation, U-turns on mediation
Datuk Seri Ahmad Zaid Hamidi's legal woes are set to continue after businessman Amir Bazli Abdullah made it known that he will nullify the mediation exercise last week which saw his assault suit against the home minister withdrawn.
Amir Bazli's counsel Karpal Singh told The Malaysian Insider that his client was not satisfied with the way the proceedings were conducted at the Shah Alam court court complex last week.
"He felt intimidated," said Karpal.
"Ahmad Zahid did not come to the court on that day as an ordinary litigant but as a minister.
"He was escorted by police outriders and was accompanied by security personnel and about 30 supporters. All these were elements of intimidation," he said.
Karpal said that based on this, they have now decided to cancel whatever transpired between Amir Bazli and Ahmad Zahid in the presence of the mediator.
Mediator Rohani Ismail, who is a Sessions judge, conducted the mediation exercise for about 90 minutes without the presence of lawyers.
It was reported that after the mediation, Amir Bazli withdrew his assault suit while Ahmad Zahid revoked his countersuit.
Datuk Shamsul Bahrain Ibrahim, a member of Ahmad Zahid's legal team, later told reporters that compensation was to be decided without intervention of lawyers.
Amir Bazli had told newsmen that he was satisfied with the mediation outcome but was constrained from divulging the terms.
Legal practitioners familiar with medition procedures in court said there was no rule for a mediator to shut out counsel representing parties, pointing that the proceedings in this case may be flawed. They also said that any compensation agreed upon by both parties has to be referred to and recorded by the trial court.
Malaysian Mediation Centre chairman Datuk Khutubul Zaman Bukhari said in normal circumstances mediation was conducted in the presence of lawyers.
"I am unsure about the court-led mediation because such exercise is suppose to be flexible," he said.
Khutubul, who is also a former Bar Council chairman, said lawyers would also be present when terms of condition were drafted for an out-of-court settlement.
He said any consent judgment would be referred to the trial court which would record what the parties had agreed.
Amir Bazli filed his suit in July 2007 against Ahmad Zahid, alleging that the then deputy minister punched him in the face on Jan 16, 2006, at the Country Heights Recreational Club in Kajang, Selangor.
He said Ahmad Zahid had also threatened to kill him. He also claimed he was held in wrongful confinement at Zahid's home in Country Heights.
He had claimed for special, general and aggravated damages.
Ahmad Zahid denied the allegations and claimed that Amir Bazli had concocted the whole story.
He filed a counter-claim against Amir Bazli, claiming to have suffered humiliation and emotional trauma as a result of the accusation.
The Umno vice-president had attempted to strike out the suit but the Federal Court last month dismissed his leave to appeal application.
That meant there was merit in the suit brought by Amir Bazli and the trial court should hear testimony from witnesses before arriving at a decision.
A two-day hearing beginning August 27 had been fixed.
Amir Bazli had also lodged a police report but the public prosecutor did not frame any criminal charges against Ahmad Zahid.
This finally led him to seek remedy which resulted in him filing the suit against Ahmad Zahid.
- TMI

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.