Assemblyman awarded RM230,000 in damages over malicious prosecution

KUALA LUMPUR: The High Court has awarded RM230,000 in damages to Seri Setia assemblyman Nik Nazmi Nik Ahmad in his malicious prosecution lawsuit against the Government and former attorney-general Tan Sri Abdul Gani Patail.

Justice Ahmad Zaidi Ibrahim ruled that though the prosecution has the power to prosecute, its decision to do so was shocking and arbitrary, as the charge it proffered under the Peaceful Assembly Act (PAA) 2012 had been declared unconstitutional.

Nik Nazmi was charged twice over the same offence in relation to his role as an organiser in the Black 505 rally at the MBPJ stadium in Kelana Jaya on May 8, 2013.

The first case was thrown out on May 5, 2014 following the Court of Appeal's landmark decision to declare the PAA unconstitutional. Justice Ahmad Zaidi yesterday awarded Nik Nazmi RM100,000 in general damages, RM80,000 in special damages and RM50,000 in exemplary damages.

He also ordered RM10,000 to be paid in costs.

Senior Federal Counsel Kamal Azira Hassan acted for the Government and then attorneygeneral Abdul Gani, while lawyer Linda Yii acted for Nik Nazmi.

In a suit filed on March 31, 2015, Nik Nazmi claimed that Abdul Gani's action to charge him twice on the same charge amounted to malicious prosecution because he is a PKR politician.

He sought damages on grounds that Abdul Gani's actions had ruined his reputation and good name and that the second charge had portrayed him as a criminal and a threat to public order.