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Rela member ordered to pay former GRO RM100,000 PDF Print
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Friday, 12 September 2008 09:18

(Bernama) - The High Court has ordered a Rela member to pay a former guest relations officer RM100,000 as damages for taking a picture of her relieving herself in a truck five years ago.

Justice Tengku Datuk Maimun Tuan Mat also told Mohamad Tahir Osman, 45, to pay costs and 8% interest until full settlement to Maslinda Ishak, 31, who is now a dental nurse.

The judge said what Tahir did was outside the scope of his duty which was to maintain security. She said that in taking the picture, Tahir had caused emotional damage to Maslinda.

The incident happened after Maslinda and several colleagues were arrested by Federal Territory Islamic Religious Department (Jawi) enforcement officers and Rela members during a raid at Kelab De Vegas in Jalan Imbi here at 11.30pm on March 21, 2003.

After the arrest, they were led into a truck. At 12.50am, when the truck was at Jalan Jejaka 5, Taman Maluri, Cheras, Maslinda asked to go to the toilet but was denied permission.

Instead, she was scolded and told to relieve herself in the truck.

She did what she was told behind a scarf held by several friends but suddenly Tahir came, pushed the friends aside, pulled the scarf and photographed her.

Maslinda brought the suit on April 25, 2003. She is seeking RM5mil in damages from Tahir, the Rela director-general, Jawi and the Government.

The judge ruled that the Rela director-general, Jawi and the Government could not be associated with Tahir’s actions.

EDITOR'S NOTE: Malaysia Today wrote about this matter on 16 January 2008 in an article called Malays, the enemy of Islam (read the article here: http://mt.m2day.org/2008/content/view/1252/46/). Recently, a police report was made against Raja Petra Kamarudin and Malaysia Today in relation to this article.

Comments (34)Add Comment
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written by Frankfurtguy, September 12, 2008 09:29:03
There you see......

RPK is only telling facts and truth and again and again, RPK predictions are correct!

Those who doubt RPK comments, evidences, SD etc should shut their mouths now!!
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written by ahmadneil, September 12, 2008 09:31:16
This stupid Rela deserve more severe punishment than this small fine.
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written by slash n burn, September 12, 2008 09:31:27
RPK, this verdict validate your article is not offending after all. Long live RPK!
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written by Ann Meng Sim, September 12, 2008 09:37:21
How on earth is this Rela member going to pay her the RM 100,000 ?

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written by PakItam, September 12, 2008 09:37:28
The whole religious policing is absolutely and utterly ridiculous simply because there would not be enough enforcement to round up the vices such as corruption and scandals which are greater in magnitude than those of a struggling GRO. The Rela guy is WAY out of line.
See this is what happens when you give the power of authority to idiots like the rela guy. Same thing happens too when you elect idiots into positions of power.

I tak rela you.
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written by densemy, September 12, 2008 09:37:59
I love it... justice and common sense finally prevail I hope the fine sends Rela bankrupt. Rela is a most obnoxious institution and should never be allowed in a civilised country
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written by Kacang Tanah, September 12, 2008 09:46:47
Why the government should not be blamed for recruiting this idiot?
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written by Malaysiaputra, September 12, 2008 09:48:41
This really amounts to nothing !. This rela guy has no money to pay lah. It is sad that rela is not held responsible for recruting such trash .
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written by SocratesI, September 12, 2008 09:51:20

There are more than 250,000 RELA members in Malaysia and they should be disbanded to help balance the Budget ! The fined RELA man must be most Un-Rela to pay the fine !! If he can't pay, he should be declared a bankrupt and has to pay a monthly fee towards the "debt".

It is really these religious enforcers who are the ones who flout Islamic teachings and abuse their power in the process ! They will have their place in Hell, no doubt, with their names reserving the hottest spots already !!

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written by ellyna, September 12, 2008 10:02:07
This sick perv should have been flogged 100 times!
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written by denkoh, September 12, 2008 10:08:52
where got manusia so rela one. all these rela bastards following the JAWi is actually to go check out chicks and hopefully caught them naked so that they can go back and masturbate. jawi and rela. are all the same. say only go tangkap basah but in actual fact, they like to check out the chicks and if they are naked, it's a bonus
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written by Fatcat, September 12, 2008 10:13:09
RELA and Jawi should be made accountable too.
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written by hardworking_taxpayer, September 12, 2008 10:22:15
Poor girl. Only RM100K from a poor s*n of a b*tch. As if he can pay anything. RM100K is only enough to pay her lawyers. The gomen and especially Jawi should be made responsible. This is how our law works. Give you a useless judgement which does not help the victim at all!
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written by gorshan, September 12, 2008 10:22:36
Rela member will declare bankruptcy and the girl gets nothing in the end. wheres the justice in this judgement?

should not the other bodies such as Rela, Jawi and Government be held partly responsible for using the service of an irresponsible person?

was there training & legal knowledge provided by the relevant agencies on the duties and rights and supervision of the Rela members in time of conducting raids?
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written by Super Admin, September 12, 2008 10:44:02
mawi, this nonsense has been going on for more than 40 years since the 1960s. How else you want to title this article? Let's call a spade a spade.
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written by miwaki, September 12, 2008 11:00:02
This rela man doesn't even has RM1000.00 in his pocket,how can he fork out RM100,000 to settle the fine ? This sadist should be punished by sentencing to wash public toilet daily from 8.30am to 6.00pm for life.
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written by densemy, September 12, 2008 11:02:09
"JAWI has laid rules ang guidelines on its Amar Ma'aruf Nahi Mungkar activities on Muslims and JAWI personnel must strictly abide by it."

Mawi... Malaysia is overwhelmed with rules and regulations. Malaysia has more 'dont do' signs than a country twice its size. And universally they are ignored. Through ignorance, laziness or a DGAF attitude this country is totally unpoliced... Even the police dont do their job. Therefore its up to RPK and other right minded citizens to take matters into their own hands and ensure that right is right

Malaysia is the land half the population are telling you what you do, the other half is telling you they'll do it. The end result... nothing gets done
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written by The dragonheart, September 12, 2008 11:06:38
I agreed with The judge when he said that what Tahir did was outside the scope of his duty which was to maintain security. and I also agree that the Rela director-general, Jawi and the Government could not be associated with Tahir’s actions.

In this case, there is no vicarious liabilities if the offense done by tahir was a personal one. To implicate the Rela director-general, I think one must proved in court that all the "unacceptable acts" of the Rela members were actually the directives from their superiors.

On question whether the Jawi can be jointly vicarious on tahir's Act, I think it is not possible unless they can prove that Rela takes not only orders from Jawi, but Jawi must have the autonomy to recruit/dismiss Tahir, and provides all the tools and equipment and pays Tahir's salary.

The question whether Jawi have the jurisdiction to stop Muslims from working in "Haram" premises sounds unconstitutional because Part II, Article 5(1) of the Federal Constitution provides that "No person shall be deprived of his life or personal liberty save in accordance with law."

The right to life should includes the right to livelihood. When work is the sole source of income the right to work becomes a fundamental rights. Income is the foundation of many fundamental rights.

However the word "save in accordance with law"is the shield that the authority have and whether the Jawi's laws are considered as the law accepted and recognized by the constitution need court's interpretation.

In this case (even before the raid took place) my advice to Jawi is that, they could just write a letter to Maslinda and other Muslims to give reasons why they have to work in the "Haram" activities. Jawi too, must be prepared to find better "Halal" Jobs for them in replacement of the current one.

Ont he issue of Malay, are Malays really the enemy of Islam? If its true, then Islam should not associate themselves with the Malays. Unfortunately 98% of the Malays are Muslims. If majority of the Malays are enemies of Islam, especially those in power, then Islam is vulnerable to both overt and covert attacks.And I Hope this is not true. I believe only countable numbers of Malays are enemies of Islam and the rest are God fear followers.
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written by cheekhiaw, September 12, 2008 11:07:57
Mawi has a point. We should not lump all Malays as one. Neither should we assume any religion or religious organisation would make a man decent simply by way of guidelines, rules, claims and sermons. And there's a reason why the RELA idiot was not a Chinese or Indian even though by Mawi's Theory he could well have been.

Perhaps the title should have been 'Idiots, the Friend of Super Idiots'?
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written by Sword of Justice, September 12, 2008 11:09:18
Frankly I agree with the rest, the guy was made a scapegoat and to pay 100k is practically impossible. He will eventually be a bankrupt not sure what the laws on bankruptcy is. The judge orders so what. Tahir can refuse to pay. Then what. Maslinda take another legal suit? Who gets the money Lawyers, sorry no offense to the legal fraternity. Rela and its directors cannot simply wash hands just because its officers went overboard. Where s the training. Rela is the third security force after the military and police. If we have this kind of scumbags working for Rela then I believe that Rela has failed miserably in its duties as a third security force of this country. What happens if the guy was armed and shoots Maslinda. Can rela be absolved because its officers went overboard. Justice is Blind and this is how blind it has come.
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written by Zapper, September 12, 2008 11:14:34
Good decision by the judge. Hopefully, this will serve as a lesson to those Rela to respect another human irrespective of their occupation.

Some of these Rela are like gangsters in uniform and having a burning desire to show their power. They are losers because they cannot qualify to be admitted to other uniform groups.
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written by Super Admin, September 12, 2008 11:16:52
The dragonheart, 'Malays the enemies of Islam' means 'you are your own worst enemy'. This is a sort of metaphor that, unfortunately, Malay-medium people might not quite understand.
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written by KKchan, September 12, 2008 11:39:20
Mawi, your last bit about Maslinda "layan" male customer is defamatory. Are you saying she is immoral? There are GRO and GRO. If she had to work as a GRO in order to earnmoney to taking up dental nursing, won't you say she is miles ahead of those who depend on Government help?
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written by Celestial, September 12, 2008 11:47:39
I will bet this Tahir guy will declare himself bankrupt and the poor lady ends up with nothing. I wonder if he can spend a spell in jail for defaulting??
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written by temenggong, September 12, 2008 12:03:25
Maslinda has to appeal. Tahir is an agent of Rela, so Rela is liable for his actions. An employer is responsible for the actions of his employee. Rela of course can sue Tahir for beaching employee regulations.

Jawi is also liable because Maslinda was arrested by Jawi, and therefore she was in Jawi's custody!

The judge has allowed his religion to sway his judgement. Malays are indeed their own enemy. In fact muslims are their own enemy!
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written by ganbing, September 12, 2008 12:04:15
I'm disappointed with this academic judgement. Most likely, Maslinda will not get a single cent as the guy can't pay. She can sue him to bankruptcy if she wants but it means engaging lawyers and paying more money. What is the point of suing a person to bankruptcy if he can't pay and you get nothing in the end?

Letting Rela, Jawi and the govt off the hook is an injustice. Doesn't an employer have any responsibility for his employee's action? At least Maslinda could have got some compensation from them but now, nothing.

The Rela guy should have been sentenced to a fine and jail time as what he did is criminal. Isn't outraging the modesty of a woman a criminal offense? The judge has ruled like it is a private matter between 2 parties.

I sympathize with Maslinda. She has been denied justice or financial compensation. All she got is an academic figure of RM100,000 which she cannot collect.
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written by FuLinYu, September 12, 2008 12:06:58
The judge ruled that the Rela director-general, Jawi and the Government could not be associated with Tahir’s actions.

How on earth is this Rela member going to pay her the RM 100,000 ?

This question is will not arise if the judge can be wiser than he is. He must know that the leaders/employers/Govt should ultimately take responsibility (jointly & severally) for their appointees. Where's the accountability, responsibility and ownership for the original decision to recruit, select, train, supervise and manage such types as this Rela member?
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written by johntyc, September 12, 2008 12:25:40
100K. I can’t agree nor disagree with the sum. But, no whip? No public apology? What if he don’t pay her? This could drag on for a long time!
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written by Aizad 234, September 12, 2008 14:31:32
yang jadi Rela ni kebanyakannya pada zaman sekolah,dia suka buli budak-budak yg lebih kecil. sudah nasib, belajar tidak pandai.. jadi RELA la. Jadi perangainya terbawa-bawa sampai ke tua. REMPIT semasa usia TUA!!
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written by Vincent, September 12, 2008 14:49:19
Wah ! Relaman, u made profit already lor.....
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written by bodohland_citizen, September 12, 2008 15:05:03
There are 250,000 RELA members in total. If each one of them "rela" to contribute RM 1 each. Tahir shall be able to pay the poor girl RM 100,000 and keep the balance RM 150,000 to improve his lifestyle. If the 250,000 members willing to donate RM 10 each, Tahir can turn into an instant millionaire overnite. smilies/grin.gif
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written by thumb, September 12, 2008 15:12:27
The RELA D.G should or the appointed team leader of be of the raiding party should be held responsible. Don't they have any rulings how to conduct raids, leaving every individual do what they like. Now a scapegoat is taking the blame,to close the case. what was his immediate boss of the raiding party doing at that time, picking flowers.He should be held responsible.
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written by qwerty, September 12, 2008 15:24:44
Hmm.. does that mean if a government doctor is sued for malpractice due to a patient's death, the government can wash its hands off the case as it is beyond the doctors duty to cause death?!

I thought RELA was under the Home Ministry, & that RELA member was on an operasi. So how can RELA be absolved of reponsibility?

Pening kepala Lah!

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