Judgment on Rosli Dahlan Case delayed due to MACC’s Incompetence
September 30, 2010
UPDATE
www.malaysiakini.com
Rosli Dahlan Case: Decision by the Kuala Lumpur Sessions Court Delayed due to Incompetent MACC
The Kuala Lumpur Session Court has fixed October 27 to hear the submissions from the Malaysian Anti-Corruption Commission (MACC) over the charges against lawyer Rosli Dahlan.
The case was postponed as MACC’s counsel said that they were not prepared to submit their case. Judge Rozilah Salleh, who is presiding over the matter on behalf of Judge Abu Bakar Katar, gave another month for the prosecution to prepare.
Rosli was arrested by the then Anti-Corruption Agency (ACA) and brought to court on the eve of Hari Raya in 2007 and charged with failing to comply with ACA’s notice requesting full disclosure of his assets.
According to the charge, Rosli did not disclose his assets in the two-month period stipulated by ACA’s notice dated July 17, 2007. The deadline was later extended to August 16 that year. The offence is punishable under Section 32 (2) of the Anti-Corruption Act 1997.
The prominent lawyer was being probed in relation to ACA’s investigation into one of his clients, former Commercial Crime Investigation Department (CCID) director Ramli Yusoff.
The MACC has brought the prosecution’s case against Rosi to a close with the testimony of its ninth witness thus far.
Mystery over Rosli’s Case
It remains a mystery to why the MACC has not withdrawn the case as Rosli’s client Ramli has since been acquitted of three corruption charges against him.
Ramli was charged with allegedly abusing his powers as Sabah police chief for personal financial gain when on June 15, 2007, he used a Royal Malaysian Police Cessna Caravan aircraft to take him and Brig-Jen (Rtd) Mohamad Yasin Yahya on an aerial surveillance of two lots in Ulu Tungku, Lahad Datu. Besides his acquittal in Sabah, the former senior police officer was also acquitted twice in Kuala Lumpur.
MACC is spiteful, says Rosli
Frustrated over the matter being prolonged, Rosli told Malaysiakini that MACC was being “spiteful” and deliberately dragging the case on. “It’s their case and they should have been ready to submit. I had hoped to become a free man before this Hari Raya but when the case was fixed on September 10 they (MACC) asked the court to set another date and it was fixed for September 30. Today they come, but the leading prosecutors were not there and said that they weren’t even ready,” he lamented.
Rosli added that he had written to the MACC on August 30 to withdraw the case as his client Ramli has been acquitted, but there has been no response. “At first they were of the view that I was arrogant because I didn’t write to them sooner to withdraw because I thought they want to fight it all out. Now that I have written in and I have good grounds to do so, they have yet to reply,” he said, clearly upset.
“This is a strategy adopted by MACC aimed at frustrating me. It’s common human decency to apologise when you have wronged someone,” he blasted.
The judge will decide on October 27 whether to call Rosli to the stand or to acquit him without calling for his defence.
I’m sorry, Din. This is a complete misreading of the definition of competence and efficiency. It is the job of the MACC to be slow and incompetent. In being slow and incompetent, the agency is doing what it was set up to do in cases like this one.
The idea in cases like this one has never been to secure a conviction but to drag on a case as long as possible. In doing so the life of the accused is put on hold, and in tatters, his career in shambles and his resources depleted. By definition MACC is very efficient.
Mr Bean - September 30, 2010 at 9:05 pm
Guys, Kathy et.al,
This was not unexpected. Rosli told me a few days ago that MACC will adopt this delaying tactic in order to frustrate him. He used the word “spiteful” to describe what MACC did to him today. But I would add the word incompetent to that.
They actually know that they have no case against him. The proper think to do is for the Chief MACC Commissioner to drop the case and save face. Wonder why he won’t do it?–Din Merican
dinobeano - September 30, 2010 at 9:13 pm
Spiteful?? That is an understatement.
Mr Bean - September 30, 2010 at 9:26 pm
It’s their case and they should have been ready to submit. I had hoped to become a free man before this Hari Raya but when the case was fixed on September 10 they (MACC) asked the court to set another date and it was fixed for September 30. Today they come, but the leading prosecutors were not there and said that they weren’t even ready,” he lamented.
————-
He should know better.
Mr Bean - September 30, 2010 at 9:33 pm
Wasting public funds and taxpayers’ money, do these idiots in MACC ever thought its not Najib’s money they are spending but our money? Have they ever thought about how taxpayers suffer every April 30th trying to submit their income tax returns and writing their tax cheques.
These idiots should all be sacked for being inefficient and if I may say, lazy! We Malaysians are just too patient and too forgiving, these people are scumbags of the higest order, wasting public funds dragging on court cases and adding on the backlogs!
Sentinel - September 30, 2010 at 10:27 pm
Save your angst, Sentinel.. Won’t do any good. Evil is what evil does. Like Satan in Milton’s Paradise Lost: “Evil, be thou my good!”
Institutionalized evil is an anonymous process, although there are discretionary powers as Bean had mentioned.
They know ultimately they have no case, but why should they care? It’s not their bacon on the rack? What was that oft repeated phrase about “power”?
Menyalak-er - September 30, 2010 at 10:49 pm
The MACC officers should be made to pay personally out of their own pockets if they cannot complete the cases without strong excuse or reasons. Hit them where it hurts the most then they’ll understand. If after this postponement they still ask for another postponement, issue a bench warrant for the prosecutors to appear before the judge and the judge should make a decision there and then. Either throw out the case or complete it ASAP.
__________
Recently I read RPK Part 1, Here Goes and Gobind Singh Deo article concerning Zulkifli Mat Nor (former Director of MACC) and Deputy Director MACC Selangor owing petrol station respectively. It is more then just owing the petrol station in Petronas. It is about hiking purchase price of the petrol station lands and MACC harboring irregular arrangement in Petronas. Those who expose these irregularities can be fixed with false charge as what being experienced by En. Rosli Dahlan, En. Ramli Yusof and now now by a Petronas officer by the name of Jabbar.
Semper Fi - September 30, 2010 at 10:53 pm
LOL …. Shrek, that will never happen! It is not a crime to be lazy and inefficient – or stupid. The judge can have a few unpleasant words to say about conduct of the case but that is about all.
Mr Bean - September 30, 2010 at 11:29 pm
Yes, I award you our Order of the Grand Pooba on Mr. Din Merican’s recommendation, Mr. Bean. You are now called Poobeeboo. You will be hearing from our Secretary, Barny. We intend to initiate Mr Tok Cik, Mr. Semper Fi, and the erudite Mr. Menyalak-er as well. Maybe all of you can help us start a Grand Pooba movement in Malaysia. We love to send some poobees to Madam Rosmah Mansor.
We are having a grand party for Fred, Wilma and family. All Poobeeboos are invited. Drop in if you and the gang are in the neighbourhood of Queens for some beer and Jack D. Bring Kathy along for a poobee!. Wilma will keep her company so that Fred won’t bother or pinch her.
More serious on this case. Your MACC prosecutors are a bunch of morons who were probably law students by virtue of the quota system initiated by the great Mr Mahathir, that Indian politician from Kerala (is that right?) owing to their lack of grey matter are continuing to harass Mr.Rosli and as for the Judiciary, I have no comments. I hear of the shameful actions of judges in Mr Anwar Ibrahim saga. Your Chief Judge apparently has no credibility. I understand he is one hell of a screw jock.
We have a better justice system in Flint city. We just shoot the crooked Sheriff (your retired Chief of Police) and hang the Chief Judge. That is what Malaysia needs.
Abbot of Grand Pooba - September 30, 2010 at 11:31 pm
There are times when I appeared in court and the U.S. prosecuting counsel could not be found! Missing in action. Sometimes another counsel stood in but since he does not know anything about the case, the judge has no choice but to agree to a postponement ‘in the interest of justice’ as they say. This could mean three or six months depending on the judge’s calendar. But of course when defense counsel fails to appear without notice of any kind, the case would be struck off. The client would be left to sort out the mess.
Mr Bean - September 30, 2010 at 11:36 pm
Yes, Abbot of Grand Pooba. You are invited to my watering hole where size matters to meet Emmie. If you can survive Emmie you can survive anything!
http://www.wateringole.blogspot.com
Mr Bean - September 30, 2010 at 11:56 pm
kassim,
where are you when your own faggots are pussy-footing? no joke, he is a faggot according to RPK. you gonna resign, Kassim according to your pledge? or are you just another talk-cock MACC chief?
aca - October 1, 2010 at 12:01 am
Not all is bad news, Abbot of Grand Pooba. Our justice system sometimes works, albeit in fits and starts. It seems that the Temuan tribe have managed to ‘tebuan’ sting some of those Grossly Linked Creatures (GLCs). See here:
http://www.themalaysianinsider.com/malaysia/article/temuan-community-wins-rm6.5m-compensation/
Menyalak-er - October 1, 2010 at 12:21 am
Mr Menyalak-er,
You have a strange name. What does it mean? You are Malaysian? Does it sound like Men Ye-Luck Aer. Anyway by authority of the Grand Pooba ,you are also a recipient of the Grand Pooba award. You can use the Poobeeboo title to your name. We will address you Poobeeboo Menyalak-er. You are now in the company of Poobeeboo Bean from New York.
BTW do you know this Tok Cik (Took Cheek)? He too has a funny name. Is he Malaysian too? His name sounds Indian. Right?
Abbot of Grand Pooba - October 1, 2010 at 1:31 am
Congrats. We now have 2 Poobeeboos in our company, Poobeeboo Mongut Bean of Big Apple and Poobeeboo Menyalak-er. Thanks, Abbot.–Din Merican
dinobeano - October 1, 2010 at 1:36 am
Menyalak-er just plain likes to lick when he is done barking. And you’re right about the country’s top judge. I worked under him once and I should know. He is a skirt chaser and likes to stick his finger into places where it shouldn’t be. A finger in every pie or in his case a finger up every thigh is his signature move. I would’nt recommend you wear a skirt in his presence. Any extra luggage you may be carrying is easily detected and dealt with and dealt with expeditiously.
Mr Bean - October 1, 2010 at 1:59 am
Not to forget our retired marine Semper Fi who recently signed up to serve in Afghanistan at the ripe old age of 79.
Mr Bean - October 1, 2010 at 2:12 am
Yup Grand Pooba.., licking is secondary nature after barking. Menyalak, is the Malay equivalent for barking, since us Malaysians are said to have gone to the dogs (just like what the Tea party in Boston are saying about the State of your Union). The suffix ‘-er’, is that i’m not too sure about that – being the optimist that all good pets are. I do see some hope for ‘change’ for the better, no matter how infinitesmal in this benighted country of plunderers.
Din Merican and his cohort of bonking bloggers certainly help in puffing away the ‘mal aria’ that has stifled this once glorious country of nubile kebaya clad lasses – whom all good old dogs like to lick, if it were not ‘haram’.
Menyalak-er - October 1, 2010 at 2:29 am
Err Thanks Guys for having your “say” here. Since I am the only girl writing now I will ignore it.And no thanks I don’t want any prefixes in my name.
As for Rosli, Din, Mr Bean knows. Listen to him. They want to break Rosli. Why? I haven’t followed Rosli’s life but by what you have told us Din, he has been involved in cases against UMNO nominees? That’s probably why. So they will not withdraw this. They will go on.
Rosli sounds as if he is at breaking point. I didnt think they would postpone it . Then again I am not in the game of fixing people up. It takes “talented” goons to think and behave like a lap dog. These events of no Rule of Law shows the world why Malaysia is going down. They don’t realise that they a re harming the nation by their intended harm of one person in their blindness to get back at him. They have no self respect and no care for the country. It’s what they want to do period. Nothing and no one else matters to them or the consequences of their action that damage all. Isn’t that reflective of the government personalities at the helm of this nation?
_________
Kathy, all I can say is that Rosli is made of sterner stuff. His strong religious background and his experience as a Police inspector in Singapore at the age of 19– and so he knows their game– will keep him strong and focused. I am personally impressed with his demeanour and mental agility. No need to worry.–Din Merican
Kathy - October 1, 2010 at 7:09 am
That whilst all this happens and the large majority of the Malaysians dont even knwo of this happening to an innocent man, Din. What will then happen to Malaysia, Din? Do we all just watch it slide under? Since all the tell tale signs are there?
___________
We on this blog are doing our bit, Kathy and we try to do it responsibily with lots of humour. You might care to congratulate Mongkut Bean and Menyalak-er on their awards. They got Poobeeboo-ships.–Din Merican
Kathy - October 1, 2010 at 7:18 am
Poobeeboo Mongkut Bean,
I thought only the Japanese award Orders. So Order of the Water Buffaloes is. I am sure the Abbot agrees
Poobeeboo Menyalak-er,
The grand old days of “nubile clad classes” ended when Anwar Ibrahim in his zealous attempt to outIslam PAS–it is rather odd that today he is in bed with PAS– at Mahathir’s behest(his boss and mentor at that time) introduced the headgear as a symbol of a Malay woman’s piety and purity. It seems he was inspired Ayatollah Khomeini’s Iranian Revolution of 1979. He can now be regarded as the founder of le Tudong as fashion. What one wouldn’t for politics and power.–Din Merican
dinobeano - October 1, 2010 at 7:20 am
Ok. Congratulation to Mr Bean and Menyalak-er. I suppose its their time to shine.
Kathy - October 1, 2010 at 7:30 am
Hi Din, I suppose you know him . I hope he doesnt break because than they would have won! I am waiting for the day of retribution on earth against these people.
Kathy - October 1, 2010 at 8:31 am
Yes, it was superficial Arabization (or shall i say, Muddle-ization) of the real Malay cultural identity and replacing it with the frumptiness of religious fashion. I have no argument with that, except that our tropical climate does not lend itself well to overclothing and destruction of the female form.. ‘Chaste’ covering or uncovering does not a saint make. It is possible that the kebaya and shape revealing fashions are no longer popular due to gross obesity from gluttony and sloth, as encouraged by the authorities.
I’m sure Kat will agree with that.
Menyalak-er - October 1, 2010 at 10:48 am
There is no news coming out of Malaysia these days that can make us happy i.e. nothing to lift our spirits. So here’s hoping that ‘Sabai-sabai’ will be a lifting experience for the most of us – except perhaps our dear Kat who can be excused. (with courtesy of tean earlier).
Mr Bean - October 1, 2010 at 6:33 pm
Mr Bean,
Thank you for the halwa mata. But she’s a bit sepet. That’s my only gripe. Be that as it may, I would love to see more. Even if it consists of si botol.
I am a bit perplexed at the event occurring in Court as reported above. I noted from reports before that the original Sessions Judge was to continue hearing the matter (after much protestation by this blog and by Rosli Dahlan, of course).
However, I noted that Sessions Judge Rozillah was presiding on the last occasion. Why was that?
The case, as I understand it, was fixed for continued hearing on that date. Counsel for Rosli was going to make a submission of no case to answer (or a submission to say there was no prima facie case and therefore the defence should not be called resulting in Rosli being discharged).
Being a hearing date, why wasn’t the original Sessions Judge there? Why was Sessions Judge Rozillah there? While I have the highest of respect for Puan Rozillah – I have had the honour of many encounters with her when she was one of the registrars of the Court of Appeal – I wonder why she was there instead of the original Judge who was supposed to continue hearing the matter that day.
As it appeared the MACC lawyer was not prepared and asked for postponement. And Judge Rozillah allowed that postponement.
The thing is this. Could it be that the original Judge was not there because the Court had also not intended to proceed on that day? I say this because had the Court wanted to proceed than surely the Judge who was supposed to hear the matter would have been in Court and not Puan Rozillah.
If my thesis was correct, why then the Court had not informed En Rosli’s team that the case was not supposed to go on anyway that day?
If I was correct too, does it not appear too much of a coincidence that the MACC lawyer happened to also ask for a postponement on that very same day.
Hmmm…Mr Bean, where is your next video please.
art harun - October 1, 2010 at 8:31 pm
Those people at MACC lives by a different rule, in a different world. They are heartless. Let their Maker deal with them.
Klaus Atnas - October 1, 2010 at 10:02 pm
Thank you Mr Bean. I just read the message. Its okay the sun will shine on Malaysia once again!
Kathy - October 2, 2010 at 11:19 am
Fred and Wilma sounds just like Jibb and Rosmah, Oh Wilma I’m home or Oh Rosmah I’m horny
“the sun will shine on Malaysia once again!” I thought the sun shines on Malaysia 365 days a year oh I forgot the jerebu
semper fi - October 2, 2010 at 12:26 pm