A-G does not enjoy absolute immunity, says High Court

V. Anbalagan, The Malaysian Insider

n a landmark ruling, the High Court has ruled that the Attorney-General of Malaysia, who holds public office, cannot escape suits when they involve allegations of power abuse.

“I am afraid that the notion of absolute immunity for a public servant, even when mala fide or abuse of power in the exercise of their prosecutorial power is alleged, is anathema to modern day notions of accountability,” judicial commissioner Vazeer Alam Mydin Meera said today.

He made the remark in dismissing Attorney-General Tan Sri Abdul Gani Patail’s attempt to strike out suits citing him for abuse of power and misconduct.

Former top police officer Datuk Ramli Yusuff and senior lawyer Rosli Dahlan (pic) last November filed suits against Gani and several others for, among others, alleged malicious prosecution over corruption charges.

The courts have cleared them of the charges.

Both plaintiffs are now claiming damages to the tune of about RM130 million.