KUALA LUMPUR – Seri Setia state assemblyman Nik Nazmi Nik Ahmad today won his lawsuit against former Attorney-General Tan Sri Abdul Gani Patail and the Malaysian government for prosecution with malicious intent for charging the former under the Peaceful Assembly Act 2012 for the second time, after being acquitted previously.
Judge Datuk Ahmad Zaidi Ibrahim awarded the decision in favour of the plaintiff on the grounds that the defendants, namely Abdul Gani and the Malaysian government, failed to refute Nik Nazmi’s claim that the second prosecution had malicious intent.
The court ordered the two defendants to pay special damages to cover legal costs during the prosecution, totalling RM80,000, general damages of RM100,000, exemplary damages of RM50,000 as well as RM10,000 in other costs to the plaintiff (Nik Nazmi).
Ahmad Zaidi said the defendants only called two witnesses, namely the deputy public prosecutor and investigating officer for the case during the trial, while the first defendant (Abdul Gani) remained absent.
“What the deputy pubic prosecutor had said during the hearing was no more than hearsay… I could not understand why the first defendant ordered the plaintiff to be accused under the same section the second time…what was surprising was that the order came from an important person,” he said.
Ahmad Zaidi said the first defendant’s directive to proceed with the prosecution for the second time was carried out, even though the Court of Appeal had decided that the first charge was unconstitutional, and while the appeal at the Federal Court was still in process – a clear contempt against the court’s decision.
On March 31, 2015 Nik Nazmi filed a suit against Abdul Gani, who was then the Attorney-General, for charging him for a second time at the Petaling Jaya Sessions Court on May 6, 2014 under the Peaceful Assembly Act 2012, claiming it was done with malicious intent.
The Court of Appeal had on April 25, 2014, allowed Nik Nazmi’s application to quash the first charge under the same Act.
In his statement of claim, Nik Nazmi stated he had been charged in the same Sessions Court on May 17, 2013 with 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 deciding that it was bound by the Court of Appeal’s decision, that the prosecution against him under Section 9 (5) of the Peaceful Assembly Act was unconstitutional.
Nik Nazmi claimed that Abdul Gani’s move to prosecute him the second time with the same charge had tarnished his dignity and portrayed him as a criminal. – BERNAMA