KUALA LUMPUR (Aug 24): Datuk Seri Khairuddin Abu Hassan has won his unlawful detention suit against the Government, with the High Court awarding the former Umno leader RM300,000 in damages.
High Court judge Quay Chew Soon in his ruling on Wednesday (Aug 24), however, dismissed Khairuddin's claim that the detention was malicious in intent.
"I allow the plaintiff's claim for unlawful detention and award damages of RM300,000. But I dismiss the plaintiff's claim for malicious prosecution," Quay said, delivering his judgement via online proceedings.
Quay also awarded RM50,000 in cost.
Khairuddin filed the suit against the Malaysian government, former attorney general Tan Sri Mohamed Apandi Ali, former inspector general of police Tan Sri Khalid Abu Bakar and five others in May 2018 over his unlawful detention.
It was previously reported that in his testimony in April 2021, the former Batu Kawan Umno division deputy chief said that his detention was meant to protect former prime minister Datuk Seri Najib Razak, who had abused his powers in connection with the 1Malaysia Development Bhd (1MDB) scandal.
Khairuddin, who is now the Federal Territory Pejuang chief, also reportedly said that his detention was merely to prevent him from travelling to France, Switzerland, the UK, Hong Kong and Singapore to assist the authorities in those countries to complete their investigations into 1MDB.
Both detentions unlawful
On Sept 18, 2015, Khairuddin was detained by the police for investigation under Section 124C of the Penal Code for alleged involvement in activities detrimental to parliamentary democracy.
After the court ordered his release, he was rearrested on Sept 23 under the Security Offences (Special Measures) Act 2012 (Sosma), and charged under Section 124L with attempting to sabotage the nation’s banking and financial services.
However, on May 12, 2017, the prosecution withdrew the charges against him. Subsequently, he was acquitted and discharged.
In the ruling on Wednesday, Quay said that both detentions were unlawful.
For the first arrest, he said that he did not see, based on the police report lodged against Khairuddin, any material that warranted such an arrest under Section 124C.
As for the second arrest under Sosma, the judge said that Khairuddin was not investigated for an offence that fell under Sosma's scope.
"The defendants' witnesses throughout the trial had failed to justify why [Khairuddin] had to be arrested and remanded under Sosma," Quay said.
He added: "I am mindful that it is not for me to second-guess a prosecutor's judgement call. It is not the case that any and every acquitted person is allowed to institute civil proceedings against the prosecutor or the investigating authority on the grounds of the prosecution having failed to prove his case against the accused.
"I am also cognisant that it is not the function of the court to take upon itself and dictate the manner of how the police should carry out their work. Yet, the court should not abdicate its judicial function in the case where the claimant has been unlawfully detained."
'Malicious prosecution a bare assertion'
As for Khairuddin's malicious prosecution claim, Quay said he was not satisfied that there was malicious intent behind the detentions.
The alleged malice, Khairuddin claimed, was to safeguard the interest of Najib, who was also a former chairman of 1MDB's board of advisors.
The judge noted that this was a bare assertion unsupported by evidence, adding that the former premier was also not a party to the suit.
The defendants were represented by senior federal counsels Andi Razalijaya A Dadi, Syahriah Shapiee and Mohd Ashraf Abdul Hamid.
Khairuddin, meanwhile, was represented by Mohd Haniff Khatri Abdulla and Nurul Huda Razali.
In an immediate reaction, Khairuddin said that although he was grateful for the decision on Wednesday, he will appeal against the amount of compensation, claiming that it did not make up for the persecution he had faced.
"My unlawful detention was for two weeks in the Dang Wangi police headquarters' lock-up, and two months in the Sungai Buloh Prison...the amount of compensation does not commensurate with the persecution I faced at that time, with various pressures from the kleptocratic government led by Najib on me," he in a statement.