Appeals court upholds dismissal of 21 contractors’ suit against AG, MACC
A three-member bench ruled that ‘weak evidence’ and poor prosecution do not equate to malicious prosecution.
On November 16 to 17, 2014, 21 contractors were forcibly detained by the Malaysian Anti-Corruption Commission (MACC) and held at an unauthorized location. They were subsequently charged and released on bail. The contractors then filed a suit against the attorney-general, MACC chief commissioner, and three others, alleging wrongful detention and malicious prosecution.
However, the Court of Appeal today dismissed the case as lacking merit. Judge Choo Kah Sing explained that the mere fact of acquittal does not equate to malicious prosecution, and weak evidence or poor prosecution does not constitute malicious intention. Additionally, the appellants' claim for false imprisonment was ruled time-barred by the High Court.
The suit was originally filed in July 2017 but was withdrawn by the prosecution in February 2019. The contractors, represented by Rafaei Adnan and Alif Danial Ahmad Shahrulnizam, sought damages from the defendants, which included the attorney-general and the MACC chief commissioner.
Written by urgent.news from Free Malaysia Today's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
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