Man seeks $1.22m in damages from A-G for wrongful arrest, malicious prosecution

Man seeks $1.22m in damages from A-G for wrongful arrest, malicious prosecution

SINGAPORE - A man filed a claim for damages totalling $1,22,7135 after he was arrested and jailed for a day by the police.

On Apr 1, 2013, Yan Jun filed for damages against the Attorney-General (A-G) for loss of liberty, assault and battery, humiliation, excessive use of force, defamation, intentional infliction of emotional distress, economic loss and malicious prosecution and abuse of process.

In addition, the 37-year-old filed for claims for his medical treatment, returning to his hometown in China and lost earnings, amounting to another $7,135.

On  Jul 3, 2013, all of Yan's claims were struck out by an Assistant Registrar (AR), except for the claim of loss of liberty arising from false imprisonment.

Yan then filed an appeal against the AR's decision on Jul 16, 2013. But High Court Judge Woo Bih Li dismissed Yan's appeal on Aug 21.

He awarded costs fixed at $3,000 to the A-G.

Disagreement with mother-in-law led man to call police

Yan was arrested by the police after he got into an argument with his mother-in-law, Madam Yu Xinlan on July 19, 2009 at their flat in Block 153, Simei Street 1. Yan's wife, Madam Liu Tian, then became involved in the argument. In the midst of their conflict, Yan called the police.

When the police arrived at the scene, they spoke to Madam Liu, who informed them that she had obtained an expedited order (EO) against her husband, which was about to expire.

Yan was placed under arrest for breaking the EO.

Both Yan and Madam Liu were brought to the Changi General Hospital for a medical examination, and he was brought to Bedok Police Division for further investigation after his medical check.

He was released the following morning.

Expedited Order still in effect

After his release on Jul 20, 2009, he made another check with the Court and found that Madam Liu return to attend court on Jul 6, 2009. Yan also consulted with some lawyers about the validity of the EO.

He filed his suit on the basis that the EO obtained by his wife had already expired before his arrest. Yan did not engage a lawyer to file his case, and he represented himself in court.

Effective time to file claims is within 3 years, not 6 

Yan argued that he had a six-year period to file his claims, because his claim for false imprisonment included a claim for damages in respect of personal injury.

In explaining the decision to strike out all of Yan's claims except for one, Judge Woo explained that personal injury claims had a limitation period of three years. His suit, which was filed on April 2013, fell out of that time range.

The judge also noted in his decision that although Yan was originally from China, he could speak English and he had also consulted lawyers as well as read up on the law. Yan also attended the appeal hearing with some law textbooks.

However, Judge Woo said that his claims had evidence and arguments which were distracting, and his claim 'suffered from prolixity'.

In addition, the judge said that seeking $900,000 as punitive damages for malicious prosecution and abuse of process was 'exorbitant'.

He also did not agree with Yan's claim that once he was arrested, there was prosecution. 

The judge also noted that Yan has misread a provision which required the relevant authority to produce an arrested person before a magistrate within 48 hours from the time of his arrest, if he has not been released by then.

In Yan's case, he was arrested and detained for 21 hours, so the provision did not apply to him.

Details of Yan's claims:

Loss of liberty: $60,000 (general) + $30,000 (aggravated)

Assault and battery: $15,000

Humiliation from assault and battery: $100,000

Excessive use of force: $10,000

Defamation: $5,000

Intentional infliction of emotional distress: $100,000

Economic loss: $ 7,135

Malicious prosecution, abuse of process: $900,000

Total: $1,227,135

Medical treatment for thumb numbness: $75

Consultation with Family service centre: $60

Return to hometown in September 2009: $3,000

Lost earnings: $4,000

Total: $7,135

 

 

 

 

 

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