KUALA LUMPUR: The government has distanced itself from three officers of the Malaysian Anti-Corruption Commission who allegedly robbed and extorted bribes from a Chinese national, saying the government cannot be held vicariously liable for the trio’s wrongful acts.
The trio – Fahmee Nor, Azwad Asli and Haffiz Radzi – acted on a frolic of their own, as the raid was not part of their official duties, the government said in its defence to a suit filed by the Chinese national, Gao Kun.
There was no record of any investigation conducted on Gao, and the trio did not obtain permission to carry out the raid, the government said.
It said it was entitled to seek an indemnity from the trio for any liability towards Gao, who is a permanent resident under the Malaysia My Second Home programme.
Gao has sued the government, the three officers, the MACC chief commissioner, and a politician and his wife.
The government’s defence was filed at the High Court in Kuala Lumpur today.
Gao’s suit was filed on May 14. In his statement of claim, Gao had implicated the politician and his wife in a purported raid by MACC of his home on Dec 10, 2021.
He said the purported raid would not have happened without a tip-off by the politician and his wife, both close associates of Gao’s family members.
The statement also alleged that the politician’s wife appeared at Gao’s apartment after the purported raid, claiming that she could “settle” the matter for RM10 million.
Gao claimed that the couple had borrowed RM2.1 million from him on or around Feb 17, 2021 which has yet to be repaid. He claimed that the couple had repeatedly requested to borrow RM10 million from him, which he refused.
Gao claimed the government was vicariously liable for the actions of the MACC officers.
In December last year, the three officers pleaded not guilty when charged in the Kuala Lumpur sessions court with carrying out a gang robbery on Gao. -FMT
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