Drug runner’s civil suit against Attorney-General dismissed

The High Court has dismissed a civil suit against the Attorney-General, a deputy attorney- general and five prosecutors by a Malaysian drug runner who was spared the death penalty last year.

Justice Chua Lee Ming granted the defendants' application to strike out Gobi Avedian's suit last Thursday, saying his claim was unsustainable.

The defendants are the office of the Attorney-General, current Attorney-General Lucien Wong, deputy attorney-general Hri Kumar Nair, deputy chief prosecutor Mohamed Faizal Mohamed Abdul Kadir, and prosecutors Tan Zhongshan, Nicholas Wuan, Chin Jincheng and Chong Kee En.

Gobi, through his then lawyer M. Ravi, had sued the defendants and deputy attorney-general Lionel Yee in November last year. The suit against Mr Yee was later dropped.

Referring to the prosecution's actions in earlier court proceedings, including his initial trial in the High Court and the subsequent appeal by the prosecution to the Court of Appeal, Gobi alleged that the defendants had "abused their powers and acted in bad faith by improperly performing a legal act which resulted in harm to the plaintiff".

Gobi claimed, among other things, that the defendants had "breached their fundamental duties to assist in the administration of justice" by running a different prosecution's case at the appeal compared with his trial.

The defendants applied for the suit to be struck out, arguing that they had acted lawfully and in good faith in the earlier court proceedings.

Justice Chua said last Thursday that he agreed largely with the defendants' arguments and that some of the requirements for Gobi's claim to succeed were not satisfied.

Mr Ravi told The Straits Times he was discharged from representing Gobi in the suit last Wednesday.

Gobi was originally charged with the importation of 40.22g of heroin, after he was caught in 2014.

This article first appeared in The Straits Times.