THE Court of Appeal today upheld the High Court's decision to award RM300,000 in damages to politician Datuk Seri Khairuddin Abu Hassan for his unlawful detention under the Security Offences (Special Measures) Act (SOSMA) 2012.
A three-judge panel led by Justice Datuk See Mee Chun dismissed the appeals filed by the government, the police, and the prosecution against the High Court's ruling, which had found them liable for Khairuddin's unlawful detention and affirmed the quantum of damages.
Justice See, who was sitting with Justice Datuk Azhahari Kamal Ramli and Justice Datuk Ahmad Kamal Md Shahid, also rejected Khairuddin’s cross-appeal, which sought a higher quantum of damages, as well as his claim of malicious prosecution by the government.
In delivering the unanimous decision, Justice See stated, “We concur with the High Court judge that the plaintiff (Khairuddin) has established his claim of unlawful detention.”
Regarding the claim of malicious prosecution, Justice See ruled that there was insufficient evidence to suggest that Khairuddin’s prosecution had been driven by malice, and therefore, his claim was dismissed.
The Court of Appeal also ruled that both Khairuddin and the government would bear their respective legal costs. Khairuddin, the former deputy chief of the Batu Kawan UMNO division, had filed the lawsuit following his detention in 2015.
In August 2022, the High Court had granted Khairuddin’s claim for unlawful detention and awarded him RM300,000 in damages. However, the same court dismissed his claim for malicious prosecution against the government.
Khairuddin's lawsuit, filed in May 2018, stemmed from his detention on September 18, 2015, under Section 124C of the Penal Code.
He was later re-arrested on September 23, 2015, under SOSMA 2012 after being released by the court.
Khairuddin was then charged in the Magistrate’s Court under Section 124L of the Penal Code for allegedly attempting to sabotage Malaysia’s banking and financial services.
In his suit, Khairuddin named several high-profile individuals and institutions as defendants, including former Inspector-General of Police Tan Sri Khalid Abu Bakar, former Attorney-General Tan Sri Mohamed Apandi Ali, the Government of Malaysia, former Bukit Aman officers Wan Aeidil Wan Abdullah and Muniandy Chelliah, former Dang Wangi deputy police chief Habibi Majinji, deputy public prosecutor Datuk Masri Mohd Daud, and former senior federal counsel Awang Armadajaya Awang Mahmud.
Today’s proceedings saw senior federal counsels Nur Edziani Roleb, Siti Syakimah Ibrahim, and Mohd Ashraf Abd Hamid representing the government, while Khairuddin was represented by lawyers Mohamed Haniff Khatri Abdulla and Nurul Huda Razali. – March 11, 2025
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