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HIGH COURT MALAYA KUALA LUMPUR
NIK MOHD SUHAIMI AHMAD GHAZALI – Appellant
Versus
SITI FAIRUZ SHAMSURI & ORS – Respondent
What is the legality and scope of the newly recognized tort of malicious process/abuse of process in Malaysia?
What are the standards for humane treatment and consideration of vulnerable suspects (eggshell skull) in false imprisonment/abuse of process cases?
What are the remedies and limitations for false imprisonment, abuse of process, and malicious prosecution in cases involving arrest by enforcement agencies?
Key Points: - (!) (!) (!) - (!) (!) - (!) (!) - (!) - (!) (!) - (!) (!) (!) - (!) (!) - (!) (!) (!)
| Table of Content |
|---|
| 1. plaintiff's claim for false imprisonment and malicious prosecution. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. need for recognizing torts by enforcement agencies. (Para 8 , 9 , 10) |
| 3. introduction of abuse of process tort in malaysia. (Para 11 , 12 , 13) |
| 4. legal process abuse and its implications. (Para 14 , 15 , 16 , 17) |
| 5. impact of public perception on suspects. (Para 18 , 19 , 20 , 21 , 22) |
| 6. consequences of wrongful charges on the plaintiff. (Para 23 , 24 , 25 , 26) |
| 7. evidence of mistreatment and its effects. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 8. court's assessment of witness credibility. (Para 34 , 35 , 36) |
| 9. eggshell skull rule application. (Para 39 , 40 , 41 , 42 , 44) |
| 10. pleading requirements in tort cases. (Para 46 , 47 , 48 , 49 , 50) |
| 11. double standards in treatment of suspects. (Para 51 , 52) |
| 12. final judgment and implications for justice. (Para 53 , 54 , 55 , 56) |
A. Introduction
[1] The Plaintiff had filed a suit against all the Defendants for the tort of False Imprisonment which entails wrongful arrest, wrongful detention and harassment and the tort of malicious prosecution.
B. Brief Fact
[2] The Plaintiff was earlier investigated for b
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