What legal grounds do lawyers claim for malicious prosecution?

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Legal Grounds Alleged for Malicious Prosecution

Lawyers for Seruntun Maju Sdn Bhd contend that the Customs Department's decision to pursue 600 charges against the company and its directors constitutes malicious prosecution and prosecutorial misconduct. This assertion is primarily based on the fact that the specific duty-free licence condition, which forms the basis of these charges, has been invalidated by the Court of Appeal. Furthermore, the Customs Department's attempt to appeal this decision to the Federal Court was unsuccessful, reinforcing the legal standing of the Court of Appeal's ruling.
Quashed Licence Conditions as Basis for Charges

The core of the legal argument for malicious prosecution rests on the Customs Department proceeding with charges related to a condition that has been legally nullified. Seruntun Maju Sdn Bhd was accused of breaching conditions outlined in Appendix D of its duty-free licence, specifically paragraph 19, which mandated the recording of customers' full names, travel document numbers, and vehicle numbers on sales receipts. However, the Court of Appeal, in its judgment on June 18, 2020, quashed these additional conditions. The court found no provision within Section 65D of the Customs Act 1967 that permitted the Customs Department to modify or add new conditions to a licence after it had already been issued.
Failed Appeal to the Federal Court

Adding weight to the claim of potential misconduct is the Customs Department's unsuccessful attempt to challenge the Court of Appeal's decision. The department sought leave to appeal to the Federal Court, but this application was rejected on January 11, 2021. This failure signifies that the highest court in Malaysia did not grant the Customs Department the opportunity to overturn the Court of Appeal's ruling, thereby solidifying the invalidation of the licence conditions in question.
Definition of Prosecutorial Misconduct and Malicious Prosecution

While the provided information does not detail the specific legal definitions or elements required to prove malicious prosecution or prosecutorial misconduct in Malaysia, the company's legal team implies that proceeding with charges based on a judicially quashed condition falls outside the bounds of lawful prosecution. Generally, malicious prosecution involves initiating legal proceedings without reasonable and probable cause and with malicious intent. Prosecutorial misconduct can encompass a range of actions by a prosecutor that violate ethical standards or legal procedures, potentially including the pursuit of charges that lack a valid legal basis.

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What legal grounds do lawyers claim for malicious prosecution?

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