Rep’s suit against ex-AG: Hearing May 25, June 13

KUALA LUMPUR: The High Court here yesterday set May 25 and June 13 to hear Seri Setia assemblyman Nik Nazmi Nik Ahmad’s suit against former attorney- general Tan Sri Abdul Gani Patail and the Malaysian government over malicious prosecution following his arrest twice for the same offence.

Judicial Commissioner Datuk Roslan Abu Bakar set the dates in chambers in the presence of lawyer Syahredzan Johan, acting for Nik Nazmi as the plaintiff, and senior federal counsel Zureen Elina Mohd Dom, representing Abdul Gani and the government as the defendants in the suit.

When met by reporters outside the court, Syahredzan said the court also set March 15 for case management.

Nik Nazmi had on March 31, 2015 filed the suit against Abdul Gani, the then attorney-general, for alleged malicious intent, causing him to be charged in the Petaling Jaya Sessions Court for the second time on May 6, 2014 under the Peaceful Assembly Act 2012.

This was despite the Court of Appeal’s decision on April 25, 2014 to allow his appeal and to drop the charge against him under the same Act.

In his statement of claims, Nik Nazmi pointed out that he was earlier charged in the same Sessions Court on May 17, 2013 for allegedly organising a rally at the Petaling Jaya City Council Stadium on May 8, 2013.

He said that on May 6, 2014, the Sessions Court acquitted and discharged him after ruling it was bound by the Court of Appeal’s decision to declare his prosecution under Section 9( 5) of the Peaceful Assembly Act as unconstitutional.

Nik Nazmi alleged that Abdul Gani’s action of charging him twice on the same charge had tarnished his reputation and portrayed him as a criminal.

He is claiming special damages of RM80,000, as well as general, aggravated and exemplary damages, costs and relief deemed fit by the court. — Bernama