PUTRAJAYA: The Court of Appeal today upheld the High Court's dismissal of a suit filed by 21 contractors against the Attorney-General, the Chief Commissioner of the Malaysian Anti-Corruption Commission (MACC) and three others over claims of wrongful detention and malicious prosecution.
A three-member bench comprising judges Datuk Dr Choo Kah Sing, Datin Paduka Evrol Mariette Peters and Datuk Nadzarin Wok Nordin ruled that the appellants' appeal was without merit and dismissed it.
Delivering the court's decision, Choo said the appellants' complaint that they were forcibly imprisoned from Nov 16, 2014, to Nov 17, 2014, and that they were not detained in a place which has been gazetted for detention under the law is misplaced.
"With regard to the complaint of malicious prosecution, this court finds the mere fact that the appellants were found to be not liable at the close of the prosecution case in the Sessions Court, that could not equate to malicious prosecution.
"Weak evidence of poor prosecution is not malicious prosecution," he said.
Choo also said the appellants were charged based on an independent report by the Public Works Department (JKR), adding that the prosecution could have misapprehended the facts or misjudged the strength of the evidence, but that it could not be concluded that there was no probable or reasonable cause to prosecute the appellants.
He also said the High Court was correct to find that the appellants' action for false imprisonment has been time-barred.
The appellants - Razali Dollah, Zakaria Jusoh, Rahim Mohamad, Shariman Azam Shafie, Zamri Abdul Mana, Che Forzi Che Abd Che Abd Aziz, Abdul Rahim Awang, Mohamad Nizam Wahit, Enche Baharuddin Enche Endut, Salim Berahim, Ahmad Atma Ali@Yusof, Abdullah Embong, Othman Omar, Mohd Ramadhan Baharudin, Mohd Amir Ismadi Md Ghani, Mohd Zaid Ahmad@Mat, Mohamad Sari Ngah, Abdul Rashid Muda, Yusof Omar, Fakru Prazi Nordin and Shahairi Abd Wahab - were arrested by MACC for investigations relating to the alleged misappropriation of a fishermen housing repair project in 2014.
They were subsequently charged in the Kuala Terengganu Sessions Court and released on bail on Nov 17, 2014.
The trial was conducted, and on July 31, 2017, the Sessions Court discharged and acquitted them at the end of the prosecution's case. The prosecution filed an appeal but subsequently withdrew it on February 22, 2019.
Nearly seven years after their arrest, the appellants filed the civil suit naming five defendants, including the Attorney-General, MACC Chief Commissioner, MACC and the government of Malaysia and a MACC officer.
They sought, among others, general damages and aggravated damages of RM1 million for each of them and RM10 million in exemplary damages for all the appellants.
On May 8, this year, the Kuala Terengganu High Court dismissed the appellants' suit.
At the Court of Appeal proceeding today, Mohammad Rafaei Adnan and Alif Danial Ahmad Shahrulnizam represented the appellants while Senior Federal Counsel Liew Horng Bin and Federal Counsel Ahmad Faiz Abd Raoff appeared for the MACC and government.
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