10 Dec 2025
ANANDA KUMAR A/L S.MAHARAJAH 1. ) PEGUAM NEGARA MALAYSIA 2. ) Nurul Husna Binti Amran 3. ) Kerajaan Malaysia
- Citation
- BA-21NCvC-23-06/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-21NCvC-23-06/2024 (Mahkamah Tinggi)
The Court held that public prosecutors are not afforded absolute immunity from private law claims for malicious prosecution, but on the facts the defendants had reasonable and probable cause based on the investigation material and there was no evidence of predominant improper purpose; accordingly the Plaintiff failed to prove two essential elements (reasonable and probable cause absence and malice) and the malicious prosecution claim was dismissed.