Crime & Courts

Chinese businessman files lawsuit against politician, MACC chief, government over RM10mil extortion claim

KUALA LUMPUR: A businessman from China has taken a politician, the Malaysian Anti-Corruption Commission (MACC), its chief commissioner, and the government to court, accusing them of theft and extortion involving RM10 million.

Gao Kun, who has been residing in Malaysia since December 2017, filed the suit via law firm Guok Partnership last week.

The plaintiff named MACC officers Mohd Fahmee Mohamad Nor, Azwan Asli, Muhammad Haffiz Mohd Radzi, politician A.M.A. Tinagaran, his wife J. Latha, MACC chief commissioner Tan Sri Azam Baki and the government as respondents.

Tinagaran was appointed as PKR state deputy chairman in the Perak central leadership council for 2018-2021 and contested the Hulu Kinta state seat in 2013 general election but lost to the Barisan Nasional candidate at that time.

According to the statement of claim, the plaintiff knew and befriended Tinagaran and Latha as his daughter had befriended the couple's daughter who was a schoolmate of hers.

The plaintiff claimed that Fahmee, Azwan and Haffiz had raided his home near Jalan Ampang by introducing themselves as police officers investigating an alleged offence under the Anti-Money Laundering Act on Dec 10, 2021.

The plaintiff claimed that he was instructed to surrender his passport before the raiding team seized RM200,000 belonging to his daughter and RM700,000 in cash, which were kept in a bag.

"The trio told the plaintiff to seek assistance of someone who had a purportedly close relationship with the MACC to resolve the matter before they left the scene.

"Not long after they left the apartment, Latha appeared at the plaintiff's apartment about 1pm," the plaintiff claimed.

The plaintiff claimed Latha informed him that she could return all the plaintiff's belongings which were seized by the raiding team and requested to meet the former later for further discussion.

"The plaintiff informed the police about what was communicated by Latha and cooperated with police and set-up an ambush.

"In the said meeting, Latha brought along with her a transparent plastic bag containing items seized by the trio.

"Latha thereafter informed the plaintiff that the investigations against him could be settled if he was willing to pay RM10 million to the MACC," claimed the plaintiff.

The plaintiff claimed the MACC failed to ensure that a proper, strict and binding standing order be issued to all MACC officers to prevent any form of abuse of power.

He also claimed the government was vicariously liable for all actions of the said defendants.

The plaintiff is seeking general, aggravated, punitive and exemplary damages.

On Dec 13, last year, Haffiz, Fahmee, and Azwan pleaded not guilty at the Shah Alam Sessions Court for gang robbery of a foreign businessman.

They claimed trial to the charges framed under Section 395 of the Penal Code which carries a maximum of 20 years jail and whipping upon conviction.

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