A look back at the landmark court decisions that shook and shaped Malaysia in 2024

KUALA LUMPUR, Dec 20 — In 2024, Malaysia witnessed a series of high-profile court cases' decision, including some that were unexpected.

Here are Malay Mail’s highlights of the most significant court cases that took place in Malaysia this year.

1. Court dismisses prosecution's appeal to reverse acquittal of wife, two teens in Cradle Fund CEO murder case

Samirah Muzaffar and two teenagers who were previously acquitted of murdering former Cradle Fund chief executive Nazrin Hassan saw the Court of Appeal rule in their favour, when it dismissed the prosecution’s challenge.

A three-member bench unanimously upheld the High Court's decision to acquit the trio without their defence being called.

2. Muslim duo wins challenge against unconstitutional provisions in Kelantan criminal enactment

Lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter Tengku Yasmin Nastasha Abdul Rahman both challenged the constitutionality and validity of 18 provisions under the Kelantan Shariah Criminal Code (l) Enactment 2019, arguing that the Kelantan state legislative assembly had overstepped its powers.

In an 8-1 decision, a nine-member panel led by Chief Justice Tun Tengku Maimun Tuan Mat agreed and ruled that the Kelantan State Legislature has no authority to enact laws already covered by federal statutes.

3. Hindu mother Loh Siew Hong wins fight against unilateral conversion of kids to Islam

On May 14, the Federal Court affirmed the Court of Appeal’s ruling in favour of Hindu mother Loh Siew Hong over the unilateral conversion of her Hindu children to Islam by their Muslim convert father.

The apex court ruling, delivered by Tengku Maimun, brought an end to Loh’s years-long legal battle to have their conversion declared unconstitutional.

4. Court reverses ex-PM Muhyiddin’s corruption acquittal

Former prime minister Tan Sri Muhyiddin Yassin must now face trial over four power abuse charges involving RM232.5 million bribes, after the Court of Appeal dismissed his bid to review its earlier decision to send his case back to trial.

Muhyiddin had wanted to restore his acquittal by the High Court, which struck out the four charges against him in August 2023.

The four charges allege that Muhyiddin used his position as Malaysia’s then prime minister and as Parti Pribumi Bersatu Malaysia president to obtain bribes totalling RM232.5 million from three companies and one individual

5. Court says no to Najib’s judicial review bid over ‘house arrest’ call

Former prime minister Datuk Seri Najib Razak saw his application for judicial review over a purported royal decree allowing him to serve the remainder of his jail term under house arrest dismissed by the High Court in July.

In his application, Najib sought to compel the federal government and the Pardons Board to produce and execute a purported “supplementary order” from the previous Yang di-Pertuan Agong to place him under house arrest.

Najib has been imprisoned since August 23, 2022, after the Federal Court upheld his conviction for criminal breach of trust, power abuse, and money laundering over the misappropriation of SRC International Sdn Bhd’s funds.

In February, the Pardons Board halved Najib’s sentence in the case to six years’ imprisonment and reduced his fine from RM210 million to RM50 million.

6. Court spares Altantuya’s killer Azilah the death penalty

Former police commando Azilah Hadri, who was convicted of Mongolian model Altantuya Shaariibuu’s 2006 murder, saw his death sentence reviewed after the Federal Court decided to commute his death penalty to prison time and caning instead.

The review was in line with Act 847 — or the law known as the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023.

Azilah, now 48, has been on death row in prison for the past nine years, after the Federal Court in 2015 decided to uphold his conviction.

Azilah was aged 30 and a chief inspector with the police’s special action unit (UTK) when he was charged in 2006 with the murder, and was aged 39 when the Federal Court decided that both he and fellow police commando Sirul Azhar Umar are guilty of the crime.

He is expected to be released from prison in 2034.

7. Court orders Najib’s defence in 1MDB corruption and money laundering trial

Six years after he was charged over 1MDB’s RM2.27 billion, including over RM2 billion that allegedly entered his personal bank accounts, Najib was ordered to defend himself after the High Court ruled the prosecution had succeeded in proving a prima facie case.

Najib has chosen to testify from the witness stand for all four power abuse charges as well as for all 21 money-laundering charges in the 1MDB trial.

In dealing with the preliminary issues raised by Najib’s lawyers in the 1MDB trial, the trial judge rejected their argument that the 25 charges against Najib were defective, duplicitous, or ambiguous.

8. Najib and Irwan Serigar granted DNAA in RM6.6b IPIC CBT case

Arguably the most unexpected legal outcome this year, Najib and former Treasury secretary-general Tan Sri Mohd Irwan Serigar Abdullah were granted a discharge not amounting to acquittal (DNAA) on all six charges in a trial involving RM6.6 billion of government funds.

The High Court granted the order by way of the inherent powers of the court after lawyers representing both the accused wrote in formal applications seeking a DNAA for their client as the case has been stalled since 2018.

9. Court rules Home Ministry’s seizure of 172 Swatch’s Pride watches ‘illegal’

In November, the High Court ordered the Home Ministry to return all 172 seized Swatch-branded watches — which were linked to Pride, otherwise known as the lesbian, gay, bisexual, and transgender (LGBT) rights movement — to the Swiss watchmaker’s local company, Swatch Group (Malaysia) Sdn Bhd.

In its ruling, the court noted that the Home Ministry had banned the Pride watches only after the seizure, which meant that Swatch Group was not breaking any law when the ministry seized the watches.

10. AG drops appeal against DPM Zahid’s foreign visa acquittal

Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi, who was previously acquitted of 40 corruption charges in the foreign visa system (VLN) contract, saw the Attorney General Chambers (AGC) discontinue its appeal over this.

This means that Ahmad Zahid is no longer on criminal trial, after he previously obtained a DNAA on his 47 charges, including criminal breach of trust, money laundering, and bribery for his charitable foundation Yayasan Akalbudi case.

11.⁠ ⁠Court acquits Rosmah of money laundering and tax evasion charges

Datin Seri Rosmah Mansor, who was charged with money laundering and tax evasion, saw the High Court ruling in her favour after it struck out the aforementioned charges after finding them defective.

She previously challenged the charges’ lack of clarity, arguing they infringed her rights and deprived her of a fair trial.

This is Rosmah’s second corruption trial after she was previously convicted in connection with a hybrid solar project to provide electricity for rural schools in Sarawak.

She has been sentenced to 10 years in jail and fined RM970 million. She is currently appealing the conviction.