KUALA LUMPUR – A man who was arrested and charged with criminal trespass for performing Hungry Ghost Festival prayers is now seeking RM200,000 in damages from the police and the Attorney-General’s Chambers, claiming wrongful prosecution.
Ho Ah Chai, president of the Selayang Wholesale Market Por Tor Prayers Association, filed the lawsuit at the Kuala Lumpur High Court on September 5.
In his statement of claim, Ho explained that his association traditionally conducted religious ceremonies at the Selayang Wholesale Market. In 2020, they were given permission to hold Hungry Ghost Festival prayers on ‘Lot 81336’ by a company called Pembinaan Sujaman Sdn Bhd.
“Lee Hua Choon who is a supervisor for Pembinaan Sujaman and chairs the prayers, also allowed the association to hold the event on Lot 81336,” Ho said in his statement of claim dated September 19.
Ho, who has also named Lee Hua Choon as a defendant, pointed out that Kuala Lumpur City Hall (DBKL) owned Lot 81336, and had granted development rights to Sahih Group Sdn Bhd to transform the area into a halal slaughter facility. Sahih Group, also a defendant in the suit, is said to have appointed Pembinaan Sujaman as the contractor for the project.
On August 25, 2021, when the Por Tor Association set up a tent on Lot 81336 to perform the prayers, a representative from Sahih Group lodged a police report two days later, alleging that the association was trespassing.
Ho claimed that on August 29, 2021, representatives from Sahih Group wrongfully detained him and other association members in the tent. The same day, Ho was arrested by police.
He was subsequently charged with criminal trespass at the Kuala Lumpur Magistrate’s Court on 2 September 2021. However, after a trial that spanned three years, prosecutors failed to establish a prima facie case, and Ho was acquitted in May this year.
In his lawsuit, Ho claims that the actions of the defendants amounted to malicious prosecution, abuse of the court process, negligent investigations, and false imprisonment, among other accusations.
“Ho emphasises that the defendants, with malice and without reason, caused him to face criminal charges,” the statement of claim asserts.
Ho also stated that the incident had severely damaged his reputation as both a businessman and philanthropist, adding that his association is now forced to conduct prayers at a different location.
“With that said, Ho and the association were ridiculed and had their reputations ruined in addition to suffering losses,” the statement of claim said.
Ho has named the Sentul police chief, the Inspector General of Police, the federal government, and the Attorney-General’s Chambers among the defendants in the suit. He is also seeking at least RM203,319.48 in compensation. – September 26, 2024