Judge Quay Chew Soon made the ruling during an online proceeding today after finding that Khairuddin had successfully proved his unlawful detention claim against the government.
In his judgment, Quay said Khairuddin was first arrested on Sept 18, 2015 for the alleged offence of attempting to commit activities detrimental to parliamentary democracy after a police report was lodged by an individual known as “Mohd Faizal”.
“I do not see any material which warrants an arrest under Section 124C of the Penal Code,” he said, adding that the contents of the police report did not justify the arrest.
During the trial, the court was told that six days later, Khairuddin was rearrested in the vicinity of the court on allegations of attempting to sabotage the country’s banking and financial system.
He was released on bail on Nov 18 that year after another court held that Khairuddin’s Section 124C Penal Code charge did not fall under Sosma.
In respect of the second arrest, Quay said: “The defendant’s witnesses failed to justify why he had to be arrested and remanded under Sosma.”
However, he dismissed Khairuddin’s claim against the government for malicious prosecution, saying the court was not convinced that the government and police acted maliciously when charging Khairuddin and lawyer Matthias Chang on Oct 12, 2015.
The court also awarded RM50,000 in cost to Khairuddin.
Khairuddin had filed a suit against then Bukit Aman officers Wan Aeidil Wan Abdullah and Muniandy Chelliah, former Dang Wangi deputy police chief Habibi Majinji and former inspector-general of police Khalid Abu Bakar in May 2018, seeking damages for unlawful detention.
Also named in the suit were then deputy public prosecutor Masri Daud, former senior federal counsel Awang Armadajaya Awang Mahmud, former attorney-general Apandi Ali and the government.
Khairuddin, a former Batu Kawan Umno division deputy chief, alleged that the police action against him was conducted with malicious intent, violated his right to freedom and tarnished his reputation and image as a politician.
Khairuddin was represented by lawyers Haniff Khatri Abdulla and Nurul Huda Razali, while senior federal counsel Andi Razalijaya A Dadi and Ashraf Abd Hamid appeared for the government.
Speaking to the press after the decision was handed down, Khairuddin said he was thankful the court had ruled in his favour. He, however, said he will be filing an appeal to enhance the damages of RM300,000 awarded.
We are live on Telegram, subscribe here for breaking news and the latest announcements.