HIGH COURT MALAYA PULAU PINANG
KHAW TIEW CHAI – Appellant
Versus
LEE CHAI SENG & ORS – Respondent
Based on the provided legal document, the court's analysis indicates that the plaintiff's claim for malicious prosecution was not successful. The court found that the plaintiff failed to prove all five essential elements required to establish malicious prosecution. Specifically, the court determined that:
In summary, the court concluded that the investigation and prosecution were conducted in good faith, based on reasonable grounds, and without malice. Consequently, the claim for malicious prosecution was dismissed due to the plaintiff's failure to prove any of the necessary elements, particularly damages and malice.
Introduction
[1] The Plaintiff was charged in the Butterworth Sessions Court in March 2016 under s 409 of Penal Code and in the alternative s 420 of Penal Code. Upon a conclusion of a trial there, he was acquitted of all charges on 23 April 2018 without his defence being called. An appeal by the prosecution to the Penang High Court was futile on 18 April 2019 with no further appeal thereafter.
[2] The Plaintiff then commenced these proceedings against the Defendants seeking general damages / aggravated and exemplary damages based on the tort of malicious prosecution.
[3] It is to be noted that the 1st Defendant is the person who made the initial police report against the Plaintiff which led to investigations being carried out which in turn subsequently led to the prosecution of the Plaintiff. The 2nd Defendant was the investigating officer who conducted the investigations at the material time. The 3rd Defendant is the Polis Di Raja Malaysia (hereinafter referred to as "PDRM") and the 4th Defendant is the Government of Malaysia which the Plaintiff pleads is vicariously liable for all actions of the 2nd Defendant as the principal employer of the 2nd Defendant.
[4] The
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