Cases
JUDGMENT
Ahmad Kamal Md Shahid JCA:
Introduction
[1] This is another case filed by a citizen of Malaysia who was aggrieved by the conduct of the anti-corruption agency in carrying out the investigation and prosecution against him.
[2] The learned High Court Judge (HCJ) held that Nik Mohd Suhaimi Bin Ahmad Ghazali (the Plaintiff) had successfully proved his claims for wrongful imprisonment/arrest/harassment, which the learned HCJ had "rebranded" as "malicious process or abuse of process" and awarded damages and costs for the Plaintiff as follows:
a. General Damages - RM200,000.00.
b. Special Damages - RM100,000.00.
c. Aggravated Damages - RM400,000.00.
d. Exemplary/Punitive Damages - RM200,000.00.
e. Costs RM10,000.00.
However, the learned HCJ disallowed the Plaintiff's claim for malicious prosecution against the Defendants.
[3] The above decision by the learned HCJ led to three (3) appeals in the Court of Appeal, the decision and full reasoning of which will now be deliberated.