TAWAU: The fourth plaintiff in a RM190 million civil suit filed by former Eastern Sabah Security Command (ESSCOM) officers against the police claimed that his family had faced serious financial difficulties following his arrest in connection with the murder of an e-hailing driver.
Fabian Rungan told the High Court that his arrest had affected his salary and allowances, while he also had to bear legal costs for the criminal case against him.
He said his family had not faced serious financial difficulties before his arrest, but their circumstances changed after he was detained and stopped receiving his full salary and allowances.
He said this during re-examination by his lawyer, Sharatha Masyaroh John Ridwan Lincon, at the trial before judicial commissioner Steve Ritikos.
He said his wife, Angeline Ayine, had to take out loans to help pay his legal fees and cover their living expenses while he was detained.
Fabian was seen shedding tears while explaining his family's financial situation, prompting his lawyer to offer him a tissue and give him time to compose himself.
Earlier, during cross-examination by Senior Federal Counsel Mardziatun Nisa Ahamadul Kaber, Fabian admitted that the RM80,000 legal fee agreement for his criminal case had been signed by his wife, who was not a plaintiff in the civil suit.
He also agreed that the legal fees had been paid using his wife's account or savings, as well as the proceeds from the sale of her vehicle.
However, Fabian disagreed with the suggestion that he had suffered no direct financial loss and was not entitled to claim special damages for the money spent by his wife.
He also rejected the suggestion that the entire claim for special damages amounting to RM521,093.15 was too remote, unproven and should be dismissed by the court.
When questioned about the emotional distress and anxiety he had experienced, Fabian agreed that his family had faced a financial crisis, mounting debts from his wife's loans and the threat of legal action by banks.
However, he disagreed with the suggestion that the distress stemmed from bank lawsuits, personal debts, disciplinary charges and his transfer to another posting, rather than directly from his arrest in 2023.
The court was also told that Fabian was seeking RM20 million in general damages for emotional and mental suffering, physical distress, defamation and damage to his reputation, in addition to RM521,093.15 in special damages for the financial losses he claimed to have suffered.
On a separate issue, Fabian agreed that administrative action, transfers and disciplinary proceedings were legitimate administrative matters handled by the police. However, during re-examination, he clarified that he disagreed with the suggestion that the actions taken in his case had not affected him.
He said his transfer to another contingent had placed him under financial strain, while three previous applications to be transferred to his home state of Sarawak had been rejected.
Fabian also admitted that five vehicles which were the subject of disciplinary action against him had previously been registered in his name and were not declared in the Human Resource Management Information System (HRMIS). He also agreed that he had owned the vehicles before the incident that formed the basis of the civil suit.
It was previously reported that on Aug 15, 2024, former ESSCOM Chief of Staff (Intelligence) Senior Assistant Commissioner (Rtd) Datuk Mat Zaki Md Zain, together with three former intelligence unit members, Fabian, Dennis Enit and Mohd Azlan Sakaran, filed a RM100 million suit against the police and 10 other defendants over alleged wrongful prosecution and arrest in connection with the murder of an e-hailing driver.
Two other former ESSCOM personnel, Khairul Azman Bakar and John Kennedy Sanggah, together with the latter's wife, Vivien Fabian, filed separate suits on June 30 and July 4, 2025, seeking total damages of RM90 million from the police and 11 other defendants.
All the plaintiffs were among eight accused persons who were acquitted and discharged by the Tawau High Court on Jan 25, 2023, of charges of murdering e-hailing driver Nurman Bakaratu, 61.
The trial is scheduled to span 30 days, with hearings held in stages. The suits have been consolidated to be heard as a single action.
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