PUTRAJAYA: After 18 months, the Federal Court will hear on May 16 a leave application by former attorney-general Abdul Gani Patail and 11 others to reverse the judgment of a lower court which refused to strike out a suit filed by a senior police officer alleging abuse of power.
Government lawyer Saiful Nizam Shahrin, who appeared for the applicants, said the date was fixed after case management before a court deputy registrar.
“We have filed all documents, including legal questions, to obtain leave from the apex court,” he told reporters.
Lawyer S C Tey appeared for former Commercial Crime Investigation Department chief Ramli Yusuf.
In November 2013, Ramli and his lawyer Rosli Dahlan filed two separate suits against Gani and 11 others, seeking a total of RM175.5 million in damages for the tort of misfeasance in public office and malicious prosecution.
Ramli, who sought RM128.5 million in damages, claimed these civil servants had maliciously and without reasonable cause investigated and charged him in court on four charges under the then Anti-Corruption Act and Penal Code.
He has since been acquitted of the charges against him.
Meanwhile, Rosli filed a RM47 million suit against Gani and 10 others alleging the appellants conspired to arrest and charge him in court for a corruption-related case.
He has also been acquitted of the charges against him. FMT has learned the government recently settled the suit out of court with Rosli for an undisclosed amount in damages.
The government filed an application to strike out the suits but in April 2014, Justice Vazeer Alam Mydin Meera dismissed the case.
Vazeer Alam held that absolute prosecutorial immunity for public servants had no place in a progressive democratic society.
A year later, the Court of Appeal dismissed both appeals and ordered the matter to go for trial before a High Court.
The government in May 2015 was ordered to file its defence so that trial could proceed.
However, the government went to the Federal Court to stay proceedings in the High Court as it wanted to obtain leave from the apex court to set aside the findings of the Court of Appeal.
But the matter could not proceed as one of the defendants in the suit, deputy public prosecutor Kevin Morais was murdered on Sept 16, 2015.
Tey said the case could now proceed as M Raam Kumar had been appointed as executor and trustee of Kevin’s estate.