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Cases

NOR AZIZ MAT ISA v. SUN TEOH TIA (SAC) & ORS
Federal Court, Putrajaya
Mohd Zawawi Salleh, Hasnah Mohammed Hashim, Harmindar Singh Dhaliwal FCJJ
[Civil Appeal No: 01(f)-38-11-2019(W)]
8 January 2021
[2021] 1 MLRA 450

JUDGMENT

Mohd Zawawi Salleh FCJ:

Introduction

[1] The short legal question that arises in this appeal is whether absolute privilege should be extended to the defamatory statements contained in a police report lodged by a police officer under s 107 of the Criminal Procedure Code ("CPC") for the purpose of disciplinary proceedings against him under the Public Officer (Conduct and Discipline) Regulations 1993 ("Regulations 1993").

[2] The courts below opined that the ambit of absolute privilege should not be extended for such purpose. For the reasons set out later in this judgment, we agree with the decisions of the courts below.

The Outline Facts

[3] The appellant was, until his dismissal on 18 August 2015, a police man with the Royal Malaysia Police ("RMP") for 27 years.

[4] A show cause letter dated 12 September 2013 was issued to the appellant informing that the 2nd respondent had decided to pursue disciplinary proceedings against him pursuant to reg 37 of the Regulations 1993, with a view to dismiss or reduce in rank. There were 12 charges preferred against the appellant:

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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