The High Court has found MACC liable to Nik Suhaimi Ahmad Ghazali for ‘oppression in his arrest, detention and prosecution’ and held the agency must compensate him in damages and for costs.
The judge said anything done outside the legal parameters of their powers and scope of duty may give rise to a civil claim. “It will be a gross injustice if the courts were to keep its eyes closed in not making such a distinction. For instance, news about the arrest of a director-general of a government department or a chief executive of a company will be publicly made known due to their positions,” he said.
However, the judge dismissed Nik Suhaimi’s claim for malicious prosecution under Article 145 of the Federal Constitution. The provision stipulates that no criminal or civil proceeding can be brought against the attorney-general or the public prosecutor, despite the fact that the plaintiff in this case was acquitted of all charges without defence called.
Ahmad said from the evidence presented, the plaintiff was handcuffed tightly as though he was a hardcore criminal, adding that this was a form of oppression.