The Malaysian Anti-Corruption Commission (MACC) today succeeded to strike out a suit filed by its former employee, who claimed he was constructively dismissed by the agency in relation with the disappearance of a sum of money which was supposed to be an exhibit in a trial.

Judicial Commissioner S Nantha Balan said the court allowed MACC's application to strike out the suit after finding Mohd Azmy Kassim's suit against the MACC was unsustainable and had no legal basis.

Nantha Balan said the suit was also frivolous, vexatious, and an abuse of court process as Azmy was not dismissed by the MACC in 2013, but he opted for an early retirement.

"The MACC did not order him to do so (early retirement)," he said, adding that the plaintiff had also failed to disclose a valid case in his legal action.

He ordered Mohd Azmy to pay legal costs of RM3,500 to all the defendants.

In July, last year, Mohd Azmy Kassim filed the suit naming MACC Chief Commissioner as the first defendant, while Sarawak State MACC director and the government were named as the second and third defendants in the suit.

In his statement of claim, he said the first and second defendants had conspired against him by abusing their powers and oppressing him to protect the reputation of MACC's top leadership and for protecting the real perpetrators behind the loss of the exhibit.

Mohd Azmy, who was transferred from the Anti-Corruption Agency (ACA) (MACC's predecessor) in Kuching to Sibu as branch chief, said he had received a number of exhibits from ACA superintendent Khairul Nurrahim Ashadi Abdullah on Jan 25, 2008.

Mohd Azmy said he recorded the two exhibits which contained banknotes for the purpose of a trial, and according to the management procedures and retrieval of goods in the Standing Orders of the Director General 2008, he only had to record the exhibits without having the authority to check the validity of their contents.

The plaintiff said on Sept 13, 2008, he left for Kuching for official work and before his departure, one of the exhibits was handed over to investigating officer Woon Yee Nee to be used in a court hearing set in Sibu on Sept 15, 2008.

Mohd Azmy said while he was in the Sarawak State MACC director's office, he received a phone call from ACA Commissioner Hamzah Supawi who informed him that one exhibit, which was an enevelope containing RM19,750, had been opened, but the money was not in the envelope, and instead, it contained A4 paper cut into the size of banknotes.

Mohd Azmy claimed that another exhibit that was in his possession had been opened and the money of RM20,000 which should have been in the envelope was gone, and only contained A4 paper cut to the size of the banknotes.

The plaintiff said a police report was made by the second defendant on the disappearance of the money, and on Sept 29 2008, he was transferred to the Malaysian Anti-Corruption Academy in Putrajaya.

He claimed to have received a letter from the Public Service Commission (PSC) to provide a written representation in respect to the allegation that he had committed acts of negligence which warranted a dismissal or demotion.

He said a PSC Disciplinary Board meeting on June 7, 2009, found him guilty, and as such, he was dismissed without being given the right to appeal on the decision, which took effect on the date the decision was made.

Mohd Azmy then filed an action for judicial review in the High Court on Dec 13, 2010, as he was not satisfied with the decision of the Disciplinary Board, and the court had on June 9, 2011, decided to invalidate the board's decision.

The plaintiff said the Court of Appeal also rejected the appeal filed by the PSC against the High Court ruling, and ordered for Mohd Azmy to be reinstated into the service.

Mohd Azmy said he then reported to the Management Division at MACC's headquarters in Putrajaya, and while he was there, he felt as though he was being boycotted, and eventually decided to optionally retire, and was confirmed to do so on Aug 1, 2013.

The plaintiff is seeking general damages, punitive damages of RM10 million, special damages, an injunction application to the authorities to re-investigate the actual perpetrators behind the loss of the exhibits, besides requesting other relief deemed fit by the court.

- Bernama