PKR’s Nik Nazmi Nik Ahmad has won his suit against former attorney-general Abdul Gani Patail and the government over malicious prosecution, receiving RM230,000 in damages.

Justice Ahmad Zaidi Ibrahim ordered defendants to pay RM80,000 in special damages, RM100,000 in general damages, RM50,000 in exemplary damages and RM10,000 in costs.

Bernama quoted Zaidi as saying that the defendants had failed to refute Nik Nazmi’s accusation that the second prosecution was malicious in intent.

He said the second charge was also brought to Nik Nazmi after the Court of Appeal had ruled the first charge to be unconstitutional and while a federal appeal was still in process, which showed clear contempt.

The Seri Setia assemblyman had on March 31, 2015 filed a suit against Gani, the then attorney-general, for alleged malicious intent, causing him to be charged in the Petaling Jaya Sessions Court for the second time on May 6, 2014, under the Peaceful Assembly Act 2012.

This was despite the Court of Appeal’s decision on April 25, 2014, to allow his appeal and drop the charge against him under the same act.

Nik Nazmi was earlier charged in the same Sessions Court on May 17, 2013, for allegedly organising a rally at the Petaling Jaya City Council Stadium on May 8, 2013.

He claimed that on May 6, 2014, the Sessions Court acquitted and discharged him after ruling it was bound by the Court of Appeal’s decision to declare his prosecution under Section 9(5) of the Peaceful Assembly Act as unconstitutional.

Nik Nazmi had previously alleged that Gani’s action of charging him twice on the same charge had tarnished his reputation and portrayed him as a criminal.

“Today’s decision by the court upholds the basic principles of human rights.

“I urge the Barisan Nasional government to stop muzzling people’s freedom, which is enshrined in the Federal Constitution, and respect the rule of law,” Nik Nazmi said in a statement today. – December 26, 2017.