KUALA LUMPUR (Sept 9): Former Federal Land Development Authority (Felda) chairman Tan Sri Shahrir Samad has amicably settled his malicious-prosecution suit against former Malaysian Anti-Corruption Commission (MACC) chief Latheefa Koya, the MACC and the government.
However, the suit against the first defendant, former Attorney General Tan Sri Tommy Thomas, will be determined on Oct 16, when the court hears arguments on Shahrir’s application for permission (leave) to discontinue the suit.
Earlier, Shahrir's counsel, Datuk Firoz Hussein Ahmad Jamaluddin, confirmed to the court of the amicable settlement with no liberty to file afresh.
"[Shahrir] and the second to fourth defendants agree that no statement will be made by any party regarding the suit," he said.
With regards to Thomas, Firoz informed the court that they will be filing an application for leave (permission) to discontinue the suit as per the Rules of Court 2012.
Thomas' lead counsel, Alan Adrian Gomez, has indicated that they will be opposing the leave application.
High Court judge Gan Techiong then ordered for Shahrir's claims against the second, third and fourth defendants to be struck out, without liberty to file afresh, with no order as to costs. Gan also ordered for the leave application to be discontinued to be filed within seven days.
Shahrir filed the current civil suit for alleged malicious prosecution, malicious investigation and wrongful arrest.
He filed the suit after the court granted him a full acquittal in his criminal case, where he was charged for failing to declare to the Inland Revenue Board (IRB) a sum of RM1 million, which he had received from jailed former prime minister Datuk Seri Najib Razak.
The trial, which began in July 2022, abruptly ended in January 2023 after hearing more than 20 witnesses, as the prosecution had decided to drop its case against the former minister.
The prosecution's decision came after MACC investigating officer Nurzahidah Yacop's testimony that she had received an instruction from the prosecution, with permission given by Thomas in January 2020, to charge Shahrir even when the investigation papers on the case were still incomplete.
Shahrir has taken the stand and is testifying on his own behalf.
Among others, the ex-Johor Bharu parliamentarian said that no investigations were carried to ascertain if RM1 mill was indeed categorised as "income". Similar to his defence in the criminal case, he has stressed that the RM1 million was a reimbursement for monies spent on his constituents.
In this suit, besides Firoz, Shahrir is represented by Datuk Syed Faisal Al-Edros Syed Abdullah Al-Edros while Thomas is also represented by Haikaldin Mahyidin.
Senior Federal Counsels (SFC) Zureen Elina Mohd Dom and Liew Horng Bin are representing the other defendants.