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COMMENT | Plaintiff Donisyah Putra Amry sued the Palestinian ambassador to Malaysia’s son - Mohammed WA Abuali - who was named as the first defendant, over a road accident.The Palestinian embassy was named as the second defendant in the same suit.It was not disputed that the first defendant was driving a car bearing a diplomatic registration plate at the time.
Hence, the second defendant was not vicariously liable too.In coming to the said decision, the learned judicial commissioner ruled that both defendants successfully proved their protection under the Diplomatic Privileges Act 1966 and the Consular Relations Act 1999 .She also ruled that since there was no waiver under Article 32 of the Schedule, the diplomatic immunity of the first defendant remained intact.
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