5 Jan 2024
Lim Seng Khai
- Citation
- BA-44-104-08/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-44-104-08/2023 (Mahkamah Tinggi)
Applicants failed to discharge the heavy burden of adducing compelling prima facie evidence that the AG/PP's decision to charge them was illegal, procedurally improper, irrational or mala fide; Malaysian law grants the AG/PP wide discretion under Article 145(3) and s.376 CPC and Indian s.482 jurisprudence is not directly applicable; accordingly the High Court will not quash charges absent exceptional proof of abuse of process and the applications are dismissed.