25 Aug 2023
WA-21NCVC-79-09/2018 (Mahkamah Tinggi)
- Citation
- WA-21NCVC-79-09/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-21NCVC-79-09/2018 (Mahkamah Tinggi)
On the facts the Court recognised and applied the tort of abuse of process/malicious process in Malaysia; on a balance of probabilities the Plaintiff proved that MACC officers engaged in misuse of legal process (deliberate handcuffing, public parade, inducement, denial of medication, mistreatment) causing physical injury, psychiatric illness and economic loss; malicious prosecution claim remained unsustainable against prosecutors due to prosecutorial discretion; accordingly the Plaintiff's abuse of process claim succeeded and the Defendants (MACC and officers) were held liable, costs awarded…