Malaysia’s key court cases in 2023: From Zahid’s DNAA and Syed Saddiq’s conviction, to vernacular schools and ‘enticing women’

KUALA LUMPUR, Dec 31 —In 2023, Malaysia bore witness to a series of high-profile court cases involving among others Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi, Malaysian United Democratic Alliance (Muda) president Syed Saddiq Abdul Rahman, and his Parti Pribumi Bersatu Malaysia counterpart Tan Sri Muhyiddin Yassin.

Datuk Seri Najib Razak’s court appearances were also far from over despite the conclusion of his SRC International case, while several major decisions were also made on wide-ranging issues from pensions, vernacular schools, to an archaic law criminalising men “enticing women”.

Here are the highlights by Malay Mail of some of the major court cases in Malaysia this year. How many of these do you remember?

1. End of the line for Najib in SRC International conviction

Former prime minister Datuk Seri Najib Razak’s bid to review the Federal Court’s ruling which found him guilty of misappropriating RM42 million from SRC International Bhd in 2022 was rejected by a 4-1 decision. As such, his 12-year sentence and RM210 million fine stands. Najib had sought various court orders, including acquittal in the SRC case, a rehearing by a different High Court judge, or a new Federal Court panel — but this was dismissed.

The majority decision said that Najib’s move to change solicitors and counsel in the final main appeal makes himself the “author of his own misfortune”, and thus should not be subject to review by the apex court.

2. Sam Ke Ting’s reckless driving charge overturned

On April 11, the Court of Appeal granted Sam Ke Ting’s appeal to overturn her conviction for reckless driving in the fatal 2017 “basikal lajak” case.

The three-judge panel ruled that the charge contained “duplicity” as it phrased the offence as both “reckless or dangerous driving.” The decision marked the end of a legal battle that attracted significant public attention.

3. Rumah Bonda founder jailed for child abuse

Rumah Bonda founder Siti Bainun Ahd Razali was sentenced to a 12-year prison sentence for neglecting and abusing Bella, a teenage girl with Down’s syndrome. On May 3, Sessions Court Judge Izralizam Sanusi sentenced Siti Bainun to 12 years in jail, to be served on the same day, following which the woman was sent to Kajang Prison. She was found guilty of two counts of neglecting and abusing the 13-year-old girl at a condominium unit in Wangsa Maju between February and June 2021.

The court also ordered her to sign a five-year good behaviour bond with a local as a guarantor and a surety of RM5,000. Siti Bainun was also ordered to carry out 200 hours of community service to be completed within six months after serving her time.

4. Federal Court invalidates law on new pension adjustment scheme

In June, the Federal Court declared legal amendments introduced in 2013 — which introduced a new pension scheme that adjusts pension payments every year by a 2 per cent increment — as less favourable to pensioners and as unconstitutional.

The case stemmed from a long-time lawsuit filed by government retiree, Aminah Ahmad on behalf of 56 others on April 28, 2017, against the government of Malaysia and the public services director general to challenge the 2013 amendments to the Pensions Adjustment Act 1980, which changed the pension adjustment scheme to a new system with an annual 2 per cent increment.

Aminah had argued that the 2013 amendments resulted in the pension adjustment scheme becoming “less favourable” to pensioners. After winning the court challenge, she had issued a legal letter with a 21-day deadline for the Malaysian government to pay the adjusted pension amounts due to pensioners.

5. Muhyiddin’s abuse of power charges dropped

Former prime minister Tan Sri Muhyiddin Yassin successfully had four abuse of power charges quashed in August. The High Court ruled that the charges lacked details on how Muhyiddin allegedly used his position for gratification amounting to RM232.5 million for Parti Pribumi Bersatu Malaysia.

In September, Muhyiddin filed an application to set aside three money laundering charges involving some RM200 million related to the Jana Wibawa projects implemented during his administration. The court has yet to hear and decide on his bid to set aside these three charges.

He also had his passport temporarily granted back to him until January 15 for a family holiday in London and to undergo a heart examination through a stress test on a treadmill at the Mount Elizabeth Hospital in Singapore.

6. DNAA for DPM Ahmad Zahid

Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi experienced a legal twist after the prosecution recommended a discharge not amounting to an acquittal (DNAA) on his 47 charges, including criminal breach of trust, money laundering, and bribery. The move, based on 11 reasons provided by the prosecution, allows the possibility of future trials if the charges are reinstated. Zahid still faces another pending case in 2024 related to corruption involving a foreign visa system.

A DNAA means an accused person can face trial for the same charges in the future if the prosecution decides to reinstate them. The Umno president however still has another pending case that will be heard in 2024 involving corruption involving a foreign visa system, where the prosecution is appealing against his acquittal.

7. Court blocks Perlis Islamic council from Loh Siew Hong’s children

In October, the High Court dismissed the Perlis Islamic Religious and Malay Customs Council’s (MAIPs) bid to gain access to Hindu mother Loh Siew Hong’s three children, who were unilaterally converted to Islam by their father. The court, after consulting the children, ruled in favour of Loh Siew Hong, emphasising the children’s wishes to stay with their mother.

MAIPs has since appealed this decision.

8. Syed Saddiq first politician sentenced to whipping

On November 9, 2023, Muar MP Syed Saddiq Abdul Rahman faced a landmark judgment, becoming the first politician in Malaysia sentenced to whipping after he was found guilty of four counts of corruption related to the misappropriation of funds from Armada, the Youth wing of Bersatu.

Syed Saddiq received a seven-year jail term, a RM10 million fine, and two strokes of the cane. The trial, filled with allegations of abuse and intimidation by the Malaysian Anti-Corruption Commission (MACC) officers, showcased a complex web of accusations and counterclaims. Syed Saddiq, respecting the court’s decision, stepped down as the Malaysian United Democratic Alliance (Muda) president on the same day as his conviction.

9. Vernacular schools ruled Constitutional

On November 23, a three-judge panel at the Court of Appeal decided in a unanimous ruling that vernacular schools in Malaysia are constitutional. The judges said that the Federal Constitution protects the use of Tamil and Chinese in these schools even though the Malay language is recognised as Malaysia’s national language.

Two of the four groups that challenged the constitutionality — the Islamic Education Development Council (Mappim) and Confederation of Malaysian Writers Association (Gapena) — are now seeking for the Federal Court to hear the matter. Islamist groups Ikatan Guru-Guru Muslim Malaysia (i-Guru) and Ikatan Muslimin Malaysia (Isma) will not continue the legal challenge.

10. Law punishing men ‘enticing’ married women removed

An archaic law that punished men from enticing married women with up to two years’ jail or fine was declared unconstitutional by the Federal Court on December 15. Chief Justice Tun Tengku Maimun Tuan Mat, who chaired a five-judge panel, said Section 498 of the Penal Code goes against Article 8(2) of the Federal Constitution.

The Federal Court found Section 498 to be gender discriminatory and Tengku Maimun pointed out that Section 498 “only entitles husbands” to rely on the provision, while wives are not allowed to rely on this provision. Hence the decision to strike down the entire Section 498.