Saturday October 31, 2009
Court wants full trial for suit by Nurin’s dad
KUALA LUMPUR: The civil suit brought by the father of murder victim Nurin Jazlin Jazimin over the circulation of pictures of her post-mortem on the Internet must be decided by way of a full trial, the High Court here ruled.
Judicial Commissioner Datin Zabariah Mohd Yusof rejected yesterday Jazimin Abdul Jalil’s bid to have the court summarily dispose of his suit by determining questions of law under Order 14A of the Rules of the High Court.
Zabariah made the decision in chambers after hearing submissions from Jazimin’s counsel Akbardin Abdul Kader and Senior Federal Counsel Noorin Badaruddin.
She accepted Noorin’s argument that the case was not suitable to be determined summarily.
Jazimin sought the summary judgment on grounds that the police had admitted in their statement of defence to taking the post-mortem pictures. The court fixed Dec 17 for case management on the matter including the police’s application to strike out the suit.
Jazimin, a security company employee, is suing the Inspector-General of Police, the Selangor police chief, the Petaling Jaya OCPD and the Government for negligently allowing the pictures to be circulated on the Internet.
He claimed that the circulation of the pictures had embarrassed and disturbed his family.
He is seeking general, exemplary and aggravated damages, interest, cost and other reliefs deemed fit by the court.
Eight-year-old Nurin went missing on Aug 20, 2007 after she went to a night market near her home in Section 1, Wangsa Maju, here.
Her body was found stuffed in a gym bag 27 days later in front of a shop in Jalan PJS 1/48, Petaling Jaya. An autopsy report revealed that she was sexually abused. — Bernama
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