PUTRAJAYA: The Court of Appeal on Tuesday (March 11) upheld the High Court's ruling awarding RM300,000 in damages to politician Datuk Seri Khairuddin Abu Hassan for his unlawful detention under the Security Offences (Special Measures) Act (Sosma) 2012. A three-judge panel led by Justice See Mee Chun dismissed the appeals filed by the government, the police, and the prosecution against the High Court's decision, which held them liable for Khairuddin's unlawful detention and affirmed the quantum of damages awarded.
Justice See, sitting with Justices Azhahari Kamal Ramli and Ahmad Kamal Md Shahid, also dismissed Khairuddin's cross-appeal seeking a higher quantum of damages and his claim of malicious prosecution by the government.
"We concur with the High Court judge that the plaintiff (Khairuddin) has established his claim of unlawful detention," Justice See said in delivering the unanimous decision.
On the malicious prosecution claim, she ruled that there was no evidence to show that Khairuddin's prosecution was driven by malice.
Justice See ordered Khairuddin, the former Batu Kawan Umno deputy chief, and the government to bear their respective legal costs.
In August 2022, the High Court allowed Khairuddin's claim for unlawful detention and awarded him RM300,000 in damages.
However, High Court Judge Quay Chew Soon dismissed his claim against the government for malicious prosecution.
In his May 2018 lawsuit, Khairuddin asserted that he was initially detained on Sept 18, 2015, under Section 124C of the Penal Code.
Subsequently, he was re-arrested on Sept 23, 2015, under the Sosma 2012 after he was released by the court. He was then charged in a Magistrate's Court under Section 124L of the Penal Code for allegedly attempting to sabotage the country's banking and financial services.
Khairuddin named former Inspector-General of Police Tan Sri Khalid Abu Bakar, former attorney-general Tan Sri Mohamed Apandi Ali, the Government of Malaysia, former Bukit Aman officers Wan Aeidil Wan Abdullah and Muniandy Chelliah, former Dang Wangi deputy OCPD Habibi Majinji, deputy public prosecutor Datuk Masri Mohd Daud, and former senior federal counsel Awang Armadajaya Awang Mahmud as the defendants. At Tuesday's proceedings, senior federal counsels Nur Edziani Roleb and Siti Syakimah Ibrahim, along with federal counsel Mohd Ashraf Abd Hamid, appeared for the government, while Khairuddin was represented by lawyers Mohamed Haniff Khatri Abdulla and Nurul Huda Razali. - Bernama
