Kuala lumpur: The Malaysian Anti-Corruption Commission (MACC), its officers, and the Malaysian Government have successfully overturned a High Court ruling that previously held them liable for the tort of malicious prosecution against former company director Nik Mohd Suhaimi Ahmad Ghazali, awarding him damages.

According to BERNAMA News Agency, a three-member Court of Appeal bench, comprising Justices Datuk Azhahari Kamal Ramli, Datuk Ahmad Kamal Md Shahid, and Datuk Nadzarin Wok Nordin, unanimously allowed the appeals. They set aside the High Court's decisions on liability dated August 25, 2023, and on the quantum of damages awarded on May 28, 2024. Justice Ahmad Kamal, delivering the decision online, clarified that the tort of malicious prosecution pertains to civil abuse cases and does not extend to criminal proceedings.

Justice Ahmad Kamal further explained that the High Court's approach in extending the tort of malicious prosecution to criminal proceedings was inconsistent with legal precedents in the United Kingdom and other Commonwealth jurisdictions. The appellate court determined that there was no legal basis to impose liability on MACC under the tort of malicious process, particularly since Nik Mohd Suhaimi's separate claim for malicious prosecution had been dismissed by the High Court.

Although the High Court found that Nik Mohd Suhaimi had, on a balance of probabilities, established claims of wrongful imprisonment, arrest, and harassment, his malicious prosecution claim had not succeeded. Justice Ahmad Kamal noted that allegations involving abuse of criminal proceedings fall under the tort of malicious prosecution rather than malicious process.

The Court of Appeal ordered Nik Mohd Suhaimi to pay RM90,000 in costs. Additionally, the court dismissed his cross-appeal challenging the dismissal of his malicious prosecution claim and his appeal for a higher damages award.

Nik Mohd Suhaimi's civil suit against MACC and its officers alleged false imprisonment, wrongful arrest, and harassment, alongside a malicious prosecution claim against the Public Prosecutor. He claimed he was investigated for bribery, arrested at the MACC headquarters in Putrajaya, and taken to the commission's office in Kuantan, where he was allegedly harassed and pressured to plead guilty. Despite being paraded to the media, the Sessions Court acquitted him without calling for his defense, and the prosecution's appeal was later withdrawn.

The Kuala Lumpur High Court initially ruled in his favor on liability on August 25, 2023, and awarded RM900,000 in damages on May 28, 2024, despite finding his arrest and prosecution lawful. The High Court acknowledged that adverse publicity had damaged his reputation and life.

Senior Federal Counsel Liew Horng Bin and Siti Syakimah Ibrahim represented MACC and other respondents, while Nik Mohd Suhaimi was represented by lawyers Datuk R. Kamalanathan and Vinod Kamalanathan.