Shipping firm loses suit against police, govt over vessel seizure, crew arrest

Shipping firm loses suit against police, govt over vessel seizure, crew arrest

The Johor Bahru High Court rules that the company lacks legal standing to file a lawsuit for wrongful detention.

kompleks mahkamah tinggi johor bahru
The Johor Bahru High Court held that a wrongful detention action should be filed by the aggrieved individuals – the crew members – rather than the company. (Wikimedia Commons pic)
PETALING JAYA:
The Johor Bahru High Court has dismissed a suit brought by a foreign shipping company against the government and police for the seizure of its vessel and the arrest of its crew in Malaysian waters five years ago.

Blue Ocean Shipping Limited – a company registered in the Cook Islands – filed the suit in 2021, seeking damages of US$1.4 million for the alleged wrongful arrest of the crew members and loss of income from the vessel’s seizure.

It also named former Johor police chief Ayob Khan Mydin Pitchay and former home minister Hamzah Zainudin as defendants.

High Court judge Shamsulbahri Ibrahim ruled that Blue Ocean lacked locus standi (legal standing) to bring the lawsuit for wrongful detention.

He also held that a wrongful detention action should be filed by the aggrieved individuals – the crew members – rather than the company.

He added that there was no documentary evidence to show that the crew members were Blue Ocean’s employees at the time.

According to the facts of the case, 11 crew members, including the captain, of MV Chita 2 were arrested by authorities on March 8, 2021, near Pulau Kukup, Pontian.

Prior to the arrest, marine police attempted to stop the vessel from sailing, but the crew refused to comply.

They were released on March 12 after a magistrates’ court denied police application for remand.

It was reported that contraband cigarettes found on the vessel were forfeited by the government.

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