The High Court today struck out a suit filed by a former director of a computer software company against attorney-general Abdul Gani Patail and eight others for malicious prosecution over a charge of possession of 106 pornographic video clips in 2011.
Judge Vazeer Alam Mydin Meera made the ruling after allowing the defendants’ application to strike out the suit by Mohamad Izaham Mohamed Yatim, 43, and held that it was frivolous, vexatious, abuse of court process and misconceived in law.
He ordered Mohamad Izaham to pay a total of RM15,000 in legal costs to all the defendants.
Vazeer said Mohamad Izaham’s pleadings were also devoid of any fact giving rise to any reasonable cause of action for malicious prosecution and that his claim for malicious prosecution could not be sustained.
On March 6 last year, Mohamad Izaham filed the suit naming the AG, three deputy public prosecutors, two police inspectors, Magistrate Zaki Asyraf Zubir, a legal assistant and the government as defendants.
On Feb 25, 2011, Zaki Asyraf found Mohamad Izaham was guilty on a charge of possession of 106 pornographic video clips and fined him RM15,000 in default six months’ jail. Mohamad Izaham did not pay the fine.
On Oct 5, 2011, the High Court acquitted and discharged Mohamad Izaham, who had served a six-month jail term at the Kajang prison.
In his statement of claim, Mohamad Izaham claimed that throughout the trial, one of the DPPs did not submit any written consent as stipulated under Section 43 of the Film Censorship Act 2002 and that showed malicious prosecution against him.
Mohamad Izaham also claimed that the DPP did not attach the list of the 106 video clips with the charge and that all the alleged pornographic video clips were not even submitted as exhibits.
Mohamad Izaham sought general, aggravated and exemplary damages, costs and interests and other relief deemed fit by the court.
According to the facts of the case, a DPP based in Penang had lodged a police report in respect of the malicious uploading of her photographs onto an Internet website that had sexually explicit adult content.
In the course of carrying out investigations,, the police conducted a search of Mohamad Izaham’s house and seized several articles, including a computer thumb drive and a hard disk which contained 106 clips of sexuality explicit and obscene videos.
Senior federal counsel Andi Razalijaya A Dadi represented the defendants while lawyer Ravinder Kaur acted for Mohamad Izaham.
- Bernama
