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2023 MarsdenLR 1714

HIGH COURT MALAYA PULAU PINANG
KHAW TIEW CHAI – Appellant
Versus
LEE CHAI SENG & ORS – Respondent


Petitioner Advocates:V Amareson ,Respondent Advocate: Yogeswaran Yoganathan,Vaasudevan Puspagaran

Judgement Key Points

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:

  • The police report which initiated the investigation was filed on behalf of the company and other directors, not solely for personal reasons (!) (!) .
  • The investigation conducted by the second defendant was carried out in good faith and based on reasonable and probable cause, with sufficient evidence supporting the decision to prosecute (!) (!) (!) (!) .
  • There was no evidence of malice or wrongful motive by the defendants; the police report was a genuine complaint made without any bad intent (!) (!) .
  • The plaintiff did not provide evidence of damages resulting from the prosecution, and assertions of harm, including health issues and reputational damage, were unsubstantiated by medical or other supporting evidence (!) (!) (!) .
  • The mere fact that the plaintiff was acquitted does not automatically imply malice or lack of reasonable cause; the court emphasized that the existence of reasonable and probable cause is a critical factor, which the evidence supported in this case (!) (!) .

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.


Anand Ponnudurai J:

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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