China businessperson wins suit against MACC trio

Summary

• A Chinese national has obtained a judgment in default against two MACC officers and a former officer who purportedly robbed him in December 2021.

• Gao Kun now seeks the court to assess damages to be paid by the trio.

A businessperson from China obtained a judgment in default (JID) against two MACC officers and a former officer who allegedly robbed him in late 2021.

Gao Kun now seeks an assessment of financial damages to be paid by Mohd Fahmee Mohamad Nor and Muhamad Haffiz Mohd Radzi, as well as former antigraft officer Azwan Asli.

This morning, the plaintiff's counsel Guok Ngek Seong revealed that the Kuala Lumpur High Court entered judgment when the defendant-trio did not respond to the civil action by entering an appearance.

“The court allowed Gao Kun’s JID application on Nov 15 (last year),” the lawyer told Malaysiakini.

The civil court has set Jan 14 for mention of damage assessment against the trio.

The lawyer added that 54-year-old Gao’s suit against four other defendants over the 2021 incident is ongoing.

The other defendants are PKR member MA Thinagaran, his wife Latha Jothi, MACC, and the federal government.

Previously, in their statement of defence against Gao's civil suit, the MACC and the government disclaimed responsibility for the alleged robbery by Fahme, 42, Haffiz, 34, and Azwan, 37.

The two defendants contended that this was because the trio’s alleged criminal acts were done outside the official scope of their duties and were a “frolic of their own”.

Alleged gang robbery

The criminal trial against Fahmee, Haffiz, and Azwan is ongoing before the Kuala Lumpur Sessions Court, where they pleaded not guilty to committing gang robbery against Gao.

The trio was accused of robbing the Chinese national of RM952,690 and ¥1,225 (RM805) in cash, a silver suitcase, 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.

In a civil suit filed in May last year, Gao is seeking general, aggravated, punitive, exemplary, and other damages.

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

The Attorney-General’s Chambers acted for the MACC and the government.

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