PETALING JAYA: The Court of Appeal today upheld the dismissal of a suit by 21 contractors against the attorney-general, the Malaysian Anti-Corruption Commission (MACC) chief commissioner and three others over alleged wrongful detention and malicious prosecution.
Bernama reported that a three-member bench comprising Justices Choo Kah Sing, Evrol Mariette Peters and Nadzarin Wok Nordin dismissed the appeal as lacking merit.
Delivering the court’s decision, Choo said the appellants' complaint – that they had been forcibly detained from Nov 16 to 17, 2014, and held at a place not gazetted for detention under the law – was misplaced.
“With regard to the complaint of malicious prosecution, this court finds that the mere fact that the appellants were found not liable at the close of the prosecution’s case in the sessions court does not equate to malicious prosecution.
“Weak evidence and poor prosecution are not malicious prosecution,” he said.
Choo also said the appellants were charged based on an independent report by the public works department, adding that while the prosecution could have misapprehended the facts or misjudged the strength of the evidence, 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 the appellants' claim for false imprisonment was time-barred.
The appellants were arrested by MACC over investigations relating to the alleged misappropriation of funds for a project to repair fishermen housing in 2014.
They were subsequently charged in the Kuala Terengganu sessions court and released on bail on Nov 17, 2014.
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 Feb 22, 2019.
Nearly seven years after their arrest, the appellants filed a civil suit against five defendants, including the attorney-general, the MACC chief commissioner, a MACC officer, MACC and the government.
They sought, among others, general damages and aggravated damages of RM1 million each and RM10 million in exemplary damages for all the appellants.
On May 8 this year, the Kuala Terengganu High Court dismissed the appellants' suit.
Rafaei Adnan and Alif Danial Ahmad Shahrulnizam represented the appellants in the Court of Appeal today, while senior federal counsel Liew Horng Bin and federal counsel Ahmad Faiz Abd Raoff represented the MACC and the government.