Former Ampang MP Datuk Zuraida Kamaruddin (The Edge filepix by Suhaimi Yusuf)

PUTRAJAYA (Dec 10): The Court of Appeal on Wednesday has partially allowed the appeal by former Ampang member of Parliament (MP) Datuk Zuraida Kamaruddin, who had been bonded to pay Parti Keadilan Rakyat (PKR) RM10 million in damages for leaving the party after the 14th general election, and reducing the sum to RM100,000.

Judge Datuk See Mee Chun said the sum of RM10 million cannot be construed as reasonable compensation.

“The bench found it to be unreasonable, extravagant, and unconscionable, and not in proportion to the legitimate interest sought to be protected. The High Court judge had also found that Zuraida had admitted the substantial value provided by the party far exceeds RM10 million in the bond.

“Our finding that RM10 million is not reasonable compensation does not absolve Zuraida from any liability. The fact and finding remains that she breached the bond, and it follows that PKR is entitled to some reasonable compensation — but not RM10 million. We are of the opinion that such amount ought to be [what was] spent in the 14th general election for a parliamentary seat, which was RM200,000; [minus] Zuraida’s 22 months as MP, and her contribution in the party and GE14 campaign.

“We think that these are valid facts of proportionality. Towards this end, we find that RM100,000 to be reasonable compensation (to PKR). We find that the High Court judge was plainly wrong to have allowed PKR’s claim of RM10 million. However, we cannot ignore the breach of the bond by Zuraida, and we vary the amount payable to RM100,000,” See said.

See, who chaired the bench and sat with Datuk Azman Abdullah and Datuk Ahmad Kamal Md Shahid, also awarded costs of RM40,000 to Zuraida.

Besides seeking a reduction on the quantum of damages, Zuraida had wanted the court to consider her past contribution to PKR when she was with the party. However, since she did not say this in her defence statement or in the memorandum of appeal, according to the grounds of judgement, the bench did not take it into consideration.

PKR, through its then secretary general Datuk Saifuddin Nasution Ismail, had sued Zuraida in September 2020, after she left the party with nine others after retaining the Ampang parliamentary seat on the party’s ticket.

On June 23 last year, High Court judge Datuk Akhtar Tahir had allowed PKR to claim the RM10 million bond from Zuraida, as the court found that the RM10 million bond was not disproportionate, and it was a reasonable sum to act as a deterrence, to prevent party members from acting against the party’s interests, as any sum less than the sum would not be a deterrence.

PKR was represented by Ranjit Singh and Navpreet Singh, while Zuraida was represented by Tan Sri Azhar Azizan Harun and Nizamuddin Abdul Hamid.