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Saturday, August 1, 2015

Power abuse suits against A-G to go on despite Gani’s removal, say lawyers

Despite no longer the attorney-general, Tan Sri Abdul Gani Patail is facing three suits for alleged abuse of power. – The Malaysian Insider pic, July 31, 2015.Despite no longer the attorney-general, Tan Sri Abdul Gani Patail is facing three suits for alleged abuse of power. – The Malaysian Insider pic, July 31, 2015.Three individuals, including Selangor executive councillor Nik Nazmi Nik Ahmad, will pursue their suits against the attorney-general and the government for alleged abuse of power despite the removal of Tan Sri Abdul Gani Patail from the position on Monday, lawyers said.
Nik Nazmi's counsel Melissa Sasidaran said her client was suing Gani in his official capacity.
Lawyer Parvinder Kaur Cheema, representing corporate lawyer Rosli Dahlan, said the government would be vicariously liable if the court ruled against Gani.
Parvinder said Gani's leave application to the Federal Court has been fixed on August 19.
Nik Nazmi's suit before High Court judge Vazeer Alam Mydin Meera has been fixed for two days from October 29.
The PKR Youth chief had also filed an action against Gani last March for malicious prosecution despite his acquittal by a court for organising a public rally two years ago.
In his statement of claim, Nik Nazmi (pic, right) said he had organised a rally at the Kelana Jaya stadium on May 8, 2013, to protest against the Election Commission’s conduct of the 13th general election, which he claimed was not free and fair.
He was charged in the Sessions Court with organising the rally without giving a 10-day notice to the police, an offence prescribed under Section 9 (5) of the Peaceful Assembly Act.
On April 25 last year, the Court of Appeal quashed the charge as it was unconstitutional.
Nik Nazmi said Gani, in his capacity as public prosecutor, filed a similar charge against him under the PAA in the Sessions Court a month later.
Gani, in his defence, said as prosecutor he had the discretion under the Federal Constitution and the Criminal Procedure Code to institute or drop charges.
Apart from Rosli, Gani and 10 others are also being sued by retired cop Datuk Ramli Yusuf, and their combined claims are RM176 million.
The High Court last year dismissed the application by the 11 defendants to strike out the suit and this decision was affirmed by the Court of Appeal three months ago.
Rosli and Ramli filed suits in November 2013 against Gani and the rest for, among others, alleged malicious prosecution over corruption charges which they were later cleared.
The defendants then filed a leave application in the Federal Court on April 28.
Gani's removal on Monday comes amid the task force's investigation into 1Malaysia Development Bhd (1MDB).
Former Federal Court judge Tan Sri Mohamad Apandi Ali replaced Gani whose termination fanned speculation that it was done to disrupt the investigation, as he was one of the four key members of the task force.
Besides probing into alleged financial scandals at 1MDB, the task force is also investigating allegations that funds from 1MDB-linked entities were channelled to Prime Minister Datuk Seri Najib Razak's personal accounts.
- TMI

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