KUALA LUMPUR: The High Court today dismissed the application by Attorney-General Tan Sri Abdul Gani Patail, the Malaysian government and 10 others to strike out a RM128.5 million suit for wrongful prosecution filed by former Bukit Aman's Commercial Crimes Investigation Department director Datuk Ramli Yusuff.
Following this decision, the suit will go for hearing and Judicial Commissioner Vazeer Alam Mydin Meera scheduled June 18 for case management.
In dismissing their application, Vazeer Alam ruled that absolute prosecutorial immunity for public servants had no place in a progressive democratic society.
"I'm afraid that the notion of absolute immunity for a public servant, even when mala fide or abuse of power in the exercise of the prosecutorial power is alleged in the pleadings, is anathema to the modern day notions of accountability," he said.
Vazeer Alam said he agreed that the deliberate abuse of power by a person holding public office was a tortuous (wrongful) act.
"A tortuous act can arise when an officer, actuated by malice, for example by personal spite or a desire to injure for improper reasons, abuses his power," Vazeer Alam said.
He noted that even judicial immunity granted to judges or persons acting in a judicial capacity under Section 14 of the Courts of Judicature Act 1964 was not absolute and was subject to the requirement of good faith in the exercise of their judicial powers.
On Nov 1 last year, Ramli filed a suit naming as defendants Abdul Gani, former Inspector-General of Police Tan Sri Musa Hassan, Malaysian Anti-Corruption Commission (MACC), the government, the police, head of Hearing and Appeal of the A-G's Chambers Datuk Nordin Hassan and several other MACC officers.
In his statement of claim, Ramli argued that the defendants had maliciously and without reasonable cause investigated and charged him in court on four charges under the Anti-Corruption Act and the Penal Code.
Meanwhile, Vazeer Alam also dismissed the application by the attorney-general and 10 others to strike out a civil suit for malicious prosecution filed against them by lawyer Rosli Dahlan.
In his statement of claim, Rosli said the defendants conspired to arrest and charge him in court for an MACC case.
Counsel Chetan Jethwani and Parvinder Kaur Cheema acted for Rosli, while Harvinderjit Singh appeared for Ramli. Senior Federal Counsel Amarjeet Singh and counsels Tan Sri Cecil Abraham and Rishwant Singh appeared for the defendants. Bernama
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