KUALA LUMPUR: The Sessions Court has allowed a financial damage claim filed by a Chinese national against two Malaysian Anti-Corruption Commission (MACC) officers and a former officer, who are accused of robbing him four years ago.
Lawyer Guok Ngek Seong, representing Gao Kun, said judge Izralizam Sanusi made the decision after allowing his client's application to get a judgment in default (JID) against the trio today.
Gao Kun, a businessman, has been residing in Malaysia since December 2017.
A judgment in default occurs when a defendant fails to respond to a lawsuit within the required time frame, resulting in the court ruling in favour of the plaintiff by default.
The three defendants are Mohd Fahmee Mohamad Nor, Azwan Asli and Muhammad Haffiz Mohd Radzi.
"JID entered against the three officers in the civil case.
"Criminal case ongoing with Gao to continue his testimony next week (Monday)," he said today.
Gao on May 21, filed a lawsuit against politician A.M.A. Tinagaran, his wife J. Latha, MACC Chief Commissioner Tan Sri Azam Baki, the trio and the government, accusing them of theft and extortion involving RM10 million.
Tinagaran was appointed as PKR state deputy chairman in the Perak central leadership council for 2018-2021 and contested the Hulu Kinta state seat in the 2013 general election but lost to the Barisan Nasional candidate at that time.
The plaintiff claimed that Fahmee, Azwan and Haffiz had raided his home near Jalan Ampang by introducing themselves as police officers investigating an alleged offence under the Anti-Money Laundering Act on Dec 10, 2021.
The plaintiff claimed that he was instructed to surrender his passport before the raiding team seized RM200,000 belonging to his daughter and RM700,000 in cash, which were kept in a bag.
The plaintiff claimed Latha informed him that she could return all the plaintiff's belongings which were seized by the raiding team and requested to meet the former later for further discussion.
The plaintiff claimed MACC failed to ensure that a proper, strict and binding standing order be issued to all MACC officers to prevent any form of abuse of power.
He also claimed the government was vicariously liable for all actions of the said defendants.
The plaintiff is seeking general, aggravated, punitive and exemplary damages.
On Dec 13, 2023, Haffiz, Fahmee, and Azwan pleaded not guilty at the Shah Alam Sessions Court to gang robbery of a foreign businessman.
They claimed trial to the charge framed under Section 395 of the Penal Code, which carries a maximum of 20 years' jail and whipping upon conviction.