Nik Nazmi suit against ex-AG, govt will go on trial

PUTRAJAYA: The suit brought by Seri Setia assemblyman Nik Nazmi Nik Ahmad against former attorney-general Tan Sri Abdul Gani Patail and the Malaysian government over malicious prosecution following his arrest twice for the same offence, will go on trial on Oct 16 and 17.
This was after the Court of Appeal today dismissed the appeal by Abdul Gani and the government against a decision by Kuala Lumpur High Court on May 17, this year in rejecting their application to strike out Nik Nazmi's suit.
Justice Datuk Umi Kalthum Abdul Majid, who led a three-man bench comprising Justices Datuk Abdul Rahman Sebli and Datuk Zaleha Yusof, made the ruling after hearing submissions from senior federal counsel Kamal Azira Hassan who represented Abdul Gani and the government and lawyer Syahredzan Johar acted for Nik Nazmi.
"We are unanimous. We dismiss the appeal with no order as to costs," said Justice Umi Kalthum.
Outside the court, Syahredzan told reporters that with this ruling the trial would go on Oct 16 and 17, at the Kuala Lumpur High Court.
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 claim, 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 claimed 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