MACC, govt disclaim responsibility over officers' alleged gang robbery

The MACC and the government contended that they are not responsible for any alleged robbery by two antigraft officers and a former officer against a businessperson from China nearly three years ago.

The two defendants claimed that this is because any such acts were done outside the trio's official scope of duty and on a “frolic of their own” against plaintiff Gao Kun.

The MACC and government made the contention in their statement of defence filed at the Kuala Lumpur High Court today against the businessperson's lawsuit over the alleged robbery on Dec 10, 2021.

The duo, who are the sixth and seventh defendants respectively, claimed that the trio (two MACC officers and a former officer) did not obtain official permission to search the businessperson's residence in Kuala Lumpur.

(The two MACC officers are the first and third defendants, and the former officer is the second defendant).

"Therefore, the sixth and seventh defendants stressed that the wrongdoing and/or negligence by the first, second and third defendants were done on a frolic of their own and outside the scope of their official duties as MACC officers," the MACC and government said in the court filing sighted by Malaysiakini.

The duo's contention is over the businessperson's claim that they are liable under civil law over the alleged wrongdoing perpetrated by the two MACC officers and the former officer.

On May 14 before the Kuala Lumpur High Court, Gao filed a civil suit against PKR member MA Thinagaran, his wife Latha Jothi, MACC chief commissioner Azam Baki, the government, and three individuals.

The three are MACC officers Mohd Fahmee Mohamad Nor, 41, and Muhamad Haffiz Mohd Radzi, 33, as well as former antigraft officer Azwan Asli, 36.

Statement of claim

In the statement of claim, the 53-year-old businessperson is seeking general, aggravated, punitive, exemplary, and other forms of damages.

Gao claimed that Thinagaran and his wife had passed information regarding his status and wealth to Fahmee, Azwan, and Haffiz.

On Dec 13 last year, Haffiz, Fahmee, and Azwan pleaded not guilty at the Kuala Lumpur Sessions Court to gang robbery charges.

The trio was accused of robbing Gao of RM952,690 and ¥1,225 (RM805) in cash, a silver baggage bag, and a black Louis Vuitton bag.

The gang robbery was allegedly committed at a unit at Ritz Carlton Residence, Jalan Ampang, Kuala Lumpur, around noon on Dec 10, 2021.

Lead counsel Hisyam Teh Poh Teik and co-counsel Guok Ngek Seong represented Gao while the Attorney-General's Chambers acted for the MACC and the government.

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