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FEDERAL COURT PUTRAJAYA
NG WAI PIN – Appellant
Versus
ONG YEW TEIK & OTHER APPEALS – Respondent
The ratio decedendi of the case is that witness immunity is absolute in Malaysia, applying to all evidence given in judicial proceedings, including instances of alleged conspiracy to fabricate evidence. The court held that this immunity extends to all statements and acts performed during court proceedings, and it cannot be circumvented by claims of malicious conduct or fabrication outside the courtroom, as long as the acts or statements were made in the course of judicial proceedings. The court also determined that the tort of malicious prosecution is not recognized in Malaysian civil law, and claims based on allegations of fraud or perjury are barred by the principle of witness immunity. Consequently, the claims against the defendants were struck out on the grounds that they fell within the scope of absolute witness immunity, and the issues of finality and the prevention of satellite litigation underpin this decision.
[1] The 4 appeals before us originated from striking out applications by the 5 appellants (1st defendant-5th defendant in the High Court) under O 18 r 19(1) of the Rules of the Court 2012 in the High Court, which allowed the striking out applications. Appeals by the 5 appellants (1st defendant-5th defendant in the High Court) to the Court of Appeal resulted in the Court of Appeal reversing the decision of the High Court and remitting the cases back to the High Court for a full trial.
[2] These 4 appeals relate primarily to the issues of witness immunity when testifying in Court proceedings, the application of the doctrine of finality of litigation, and implications of enforcement of such a doctrine, which may lead to an ad infinitum/satellite litigation. The appeals raise an important and novel point of law, namely, whether the witnesses have absolute immunity from liability in a civil action, subsequent or otherwise, in respect of evidence, oral and/or written, given in judicial proceedings.
[3] Other related issues are pertaining to the applicability of the tort of malicious prosecution in civil proceedings, and the applicability of the to
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