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.

Brief Facts Of The Case

[4] The Plaintiff is a Malaysian citizen who was a Director of a security-related company called Setia Perkasa Sendirian Berhad (SPSB), a company engaged in providing security services to various Government and non-Government agencies.

[5] Siti Fairuz Binti Shamsuri (the 1st Defendant), Pang Teck Mai (the 2nd Defendant), Ameer Anuar Bin Minhad (the 3rd Defendant), and Mohd Tharuzi Bin Mohd Nor (the 4th Defendant) are the officers of the 8th Defendant, i.e., the Malaysian Anti-Corruption Commission (MACC).

[6] Dato' Abdul Razak Bin Musa (the 5th Defendant) is the Deputy Public Prosecutor of MACC who gave consent to prosecute the Plaintiff. Syafinas Binti Shabudin (the 6th Defendant) and Rozana Binti Abdul Hadi (the 7th Defendant) are the Deputy Public Prosecutors (DPPs) who conducted the prosecution against the Plaintiff in the Sessions Court.