A three-judge panel presided over by Justice See Mee Chun dismissed both Khairuddin’s appeal for a higher award and the government’s cross-appeal over liability and quantum.
The panel, which included Justices Azhahari Kamal Ramli and Kamal Shahid, also dismissed Khairuddin’s appeal against the dismissal of his claim for malicious prosecution.
“Both appeals by the plaintiff and the defendant are dismissed. We order each party to bear its own costs,” said See.
Speaking to reporters outside the courtroom, Khairuddin’s counsel, Haniff Khatri Abdulla, said his client would await the grounds of judgment before deciding whether to take the matter to the Federal Court.
“The Court of Appeal completely agreed with the High Court, ruling that the lower court was correct in awarding the amount and in the formula used for its calculation.
“The Court of Appeal also agreed that there was no malicious prosecution against my client,” he said.
On Aug 24, 2022, High Court judge Justice Quay Chew Soon ruled that Khairuddin had been unlawfully detained.
In his judgment, Quay noted that Khairuddin was first arrested on Sept 18, 2015 for the alleged offence of attempting to commit activities detrimental to parliamentary democracy, following a police report lodged by one Mohd Faizal.
The judge said he did not see any basis for the arrest under Section 124C of the Penal Code.
During the trial, the court was told that Khairuddin was rearrested six days later in the vicinity of the court on suspicion 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 of the Penal Code charge did not fall under Sosma.
In respect of the second arrest, Quay said: “The defendant’s (government’s) witnesses failed to justify why Khairuddin had to be arrested and remanded under Sosma.”
However, the judge dismissed Khairuddin’s claim for malicious prosecution, saying the court was not convinced that the government and police had acted maliciously when charging Khairuddin and lawyer Matthias Chang on Oct 12, 2015.
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.
Senior federal counsel Nur Edziani Roleb and Siti Syakimah Ibrahim, and federal counsel Ashraf Hamid represented the government.