Nik Nazmi sues A-G for malicious prosecution

PKR Youth chief Nik Nazmi Nik Ahmad is filing a suit for malicious prosecution and abuse of power by Attorney-General Tan Sri Abdul Gani Patail. – The Malaysian Insider file pic, March 31, 2015.

PKR Youth chief Nik Nazmi Nik Ahmad, who was twice acquitted for violating the Peaceful Assembly Act (PAA), has filed a suit for malicious prosecution and abuse of power by the Attorney-General (A-G).

Nik Nazmi, a Selangor state executive councillor, filed his court papers at the Kuala Lumpur High Court registry this afternoon and named A-G Tan Sri Abdul Gani Patail and the government as parties to his lawsuit.

He is claiming an unspecified amount of damages and other relief deemed fit by the court.

Nik Nazmi said the act of Gani to charge him the second time and to appeal against the first charge was tantamount to malicious prosecution and done in bad faith.

He said Gani also committed the tort of misfeasance in public office.

This is the second time Gani is being slapped with a similar lawsuit, the first being from former top police officer Datuk Ramli Yusuff and senior lawyer Rosli Dahlan in 2013.

The High Court last year decided in favour of Ramli and Rosli and the matter is pending appeal in the Court of Appeal.

The Seri Setia assemblyman was present at the court registry when his lawyers Eric Paulsen and Melissa Sasidaran filed the court documents.

In his statement of claim, Nik Nazmi said he had organised a rally at the Kelana Jaya stadium on May 8, 2013 to protest against the Election Commissions's conduct of 13th general election, which 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 which was prescribed under Section 9 (5) of the PAA.

Nik Nazmi then filed a reference application in the High Court for the Court of Appeal to rule on the constitutionality of certain provisions in the PAA.

In a landmark decision on April 25 last year, the Court of Appeal declared Section 9(5) of the PAA was unconstitutional as an organiser could not be punished for the failure to give notice to the police.

He said Gani, in his capacity as public prosecutor, had filed an appeal in the Federal Court to overturn the findings of the Court of Appeal that is yet to be disposed of.

Nik Nazmi said Gani filed a similar charge against him under the PAA in the Sessions Court on May 6 last year.

He said the lower court gave him a discharge not amounting to an acquittal as it was bound by the April 25 Court of Appeal ruling.

- TMI