Appeals court upholds dismissal of 21 contractors' suit over wrongful detention, malicious prosecution

On November 16-17, 2014, 21 contractors were arrested by the Malaysian Anti-Corruption Commission (MACC) in connection with an alleged misappropriation of a fishermen housing repair project from 2014. They were charged and released on bail on November 17, 2014, and acquitted of all charges by the Kuala Terengganu Sessions Court on July 31, 2017.

The contractors then filed a civil suit against the Attorney-General, MACC Chief Commissioner, MACC, the Malaysian government, and a MACC officer seeking compensation for wrongful detention and malicious prosecution. However, the Court of Appeal dismissed the suit, ruling that the appellants' complaint of wrongful imprisonment and malicious prosecution was without merit.

The court found that merely being found not liable at the close of the prosecution case in the Sessions Court does not equate to malicious prosecution, and that weak evidence does not constitute malicious prosecution either. The court also dismissed the claim of false imprisonment as time-barred.