PUTRAJAYA: The Federal Territories Islamic Religious Department (Jawi), and 22 others have appealed against a High Court ruling ordering them to pay lawyer and activist Siti Kasim RM160,000 in damages over her wrongful arrest and detention in 2016.
Senior Federal Counsel Ng Siew Wee, representing Jawi, 15 of its officers and seven others, said the appeal centred on three main issues: the element of mens rea (guilty intent) in misfeasance in public office, the allegation of malicious prosecution, and the judge's assessment of witness testimony and records from earlier criminal proceedings.
On the alleged misfeasance in public office, Ng argued that an honest mistake of law by the officers should not automatically be treated as an abuse of power.
"The evidence clearly shows that the motive behind the raid was to enforce the fatwa.
"An honest mistake of law does not constitute misfeasance in public office," she said.
On malicious prosecution, Ng argued that there was insufficient evidence to show that the Jawi enforcement officers who lodged the police report had acted dishonestly to have Siti Kasim charged with obstructing a public servant in the discharge of his duties.
She also argued that the High Court judge had erred in assessing a defendant's testimony and relying on records from an earlier criminal case as substantive evidence in determining liability.
Meanwhile, lawyer A. Saha Deva, representing Siti Kasim, whose full name is Siti Zabedah Kasim, argued that the High Court had properly considered the facts and applied the law.
He said the enforcement officers had proceeded with the raid without properly considering whether they had the legal authority to do so, demonstrating the mens rea required to establish misfeasance in public office.
"They did not care whether they had the authority or not; they proceeded with the raid regardless," he said.
Saha Deva said trial evidence showed that the officers continued with the raid even after Siti Kasim questioned whether their actions had a legal basis.
He also defended the High Court's findings on misfeasance in public office, saying the officers' conduct had to be assessed in light of the evidence as a whole.
A three-member panel chaired by Datuk Noorin Badaruddin fixed Nov 5 for case management to determine the date for its decision on the appeal.
The other judges on the panel were Datuk Dr Shahnaz Sulaiman and Datuk Meor Hashimi Abdul Hamid.
Siti Kasim filed the civil suit in September 2019 over her alleged wrongful arrest and detention during a raid by Jawi officers at a private fundraising dinner on April 3, 2016. She was subsequently taken to the Dang Wangi district police headquarters.
She claimed the actions amounted to false imprisonment, misfeasance in public office and a violation of her constitutional right to personal liberty.
She maintained that she had been acting in her capacity as a lawyer and had neither obstructed the officers in carrying out their duties nor committed any offence.
Siti Kasim also argued that Jawi had no jurisdiction or investigative powers over offences under the Penal Code.
On July 18, 2025, High Court Judge Su Tiang Joo ordered the defendants to pay RM100,000 in exemplary damages, RM60,000 in aggravated damages, and RM100,000 in legal costs to Siti Kassim.
The court held that Siti Kasim had proven on the balance of probabilities that she was wrongfully arrested and falsely imprisoned by two Jawi officers after exiting the ballroom of the hotel where the event was held.
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