Rosli Dahlan – Verdict by the Court of Public Opinion
December 18, 2010
Rosli Dahlan – Verdict by the Court of Public Opinion
by Din Merican
On Monday December 20, Lawyer Rosli Dahlan will be in the dock of the Kuala Lumpur Sessions Court to be adjudged whether he is guilty or innocent of the charge brought against him by A-G Gani Patail using the MACC. That will be the verdict by a court of law.
I have attended Rosli Dahlan’s trial from Day 1 until it ended. I know the charge, I know the facts, I have seen the MACC witnesses in action giving evidence ,and I have heard the MACC DPPs delivering their submissions. I will now pronounce this verdict by the court of public opinion.
The Accused
The accused, Rosli Dahlan, was from the 1st Batch of the law graduates of the International Islamic University (IIU). He read law and was personally tutored by the much respected and admired late Professor Emeritus Tan Sri Ahmad Ibrahim. He was taught Islamic ethics by the Distinguished Professor Tan Sri Kamal Hassan. He is thus imbued with a strong sense of respect for the Rule of Law and Islamic ethics of Amr Ma’ruf Nahy Munkar (Enjoin Good Forbid Evil). He believes in truth and justice and Ukhuwah Islamiyah (Islamic Brotherhood or camaraderie).
He is married with three children and has strong family values. He is active in the neighbourhood mosques activities and orphanage foundations which he provides legal advice and assists in fund raising.
He runs a highly successful private law practice beginning with a very old distinguished firm called Allen & Gledhill which then merged to be a much more successful bigger firm known as Lee Hishammuddin Allen & Gledhill which is regarded as one of the premier firms in Malaysia.
Lawyer Rosli is known to be a highly disciplined professional acting without fear or favour. Prior to this charge, he has never been cited for any disciplinary misconduct or for any offence. He is a senior member of the Bar and is well regarded by his peers and adversaries alike. Until this incident, he was viewed by the banks as someone of good credit standing.
The Accuser
The accuser is Senior DPP cum Assistant Director of Legal & Prosecution MACC, Anthony Kevin Morais. He prefers to use his second name as his first and thus he is called Kevin rather than Anthony. Kevin regards himself as learned in the law with wide powers conferred on him by the MACC Act and its predecessor legislations. Kevin does not like to be questioned as to his decision making, a trait passed down from the At-G General Gani Patail himself. The philosophy of power that this higher echelon of the A-G’s Chambers subscribe to is that “We command, you abide”.
Kevin Morais is a dapper dresser and is very well groomed, putting to shame some of the lady DPPs.
He looks rather youthful for his age. He is a dapper dresser and is very well groomed, putting to shame some of the shabby looking lady DPPs. He powders his face, puts on mascara, rouge and lip gloss when he is in court with well manicured finger nails. With such attention to personal vanity, he looks even more attractive outside of office hours.
Kevin’s sexual orientation is unknown although Malaysia Today’s report out of London suggests that he has an older English boyfriend whom he spent time with last Christmas. He is unmarried, and it is doubtful if he ever will, at least not in Malaysia. As such, there is nothing to be said of his family values.
Although born a Catholic, his present lifestyle would invite ex-communication by the Pope in the Vatican. Because of the predominant number of Malays in the Legal and Judicial Service, his flair of the English language places him amongst the more competent government lawyers. Thus he interprets the law as he wants to, and not as how it should be.
Mr "Irrelevant" is now in eternal repose
Kevin hopes to be a Judge one day to fill in the vacuum left by another Indian Judge with an English sounding name, Justice Augustine Paul, whose eminence was in ruling every piece of defence evidence in Anwar Ibrahim’s Sodomy I as “Irrelevant”. Consequently, the Good Lord rendered him irrelevant by recalling him to permanent abode six feet underground.
The Background Facts
Life was all sunshine and rosy for Rosli Dahlan – he had a good happy family, his firm had expanded, his practice was flourishing. Nothing, it seemed, could have gone wrong, that was until Rosli decided to defend his friend, the former Director of Commercial Crimes Investigations Dept (CCID), Commissioner of Police Dato’ Ramli Yusuff. Since 2006, Ramli was targeted to be eliminated from PDRM by former IGP Musa Hassan and by A-G Gani Patail.
Musa Hassan had to eliminate Ramli because Ramli had discovered his links with the BK Tan syndicate which was about to nationalise and corporatize the illegal money-lending Along syndicates. Gani Patail wanted to eliminate Ramli because Ramli had recommended that the former MAS Chairman, Tan Sri Tajuddin Ramli, should be charged for various offences, whereas Gani Patail had already cut a deal with Tajuddin’s proxy – Shahidan Shafie.
Before Dato’ Ramli became the Director of CCID, Shahidan had also cut a deal with the former Deputy Director of CCID, Deputy Commissioner Dato’ Nawawi Ismail. That explained why Nawawi immediately became a partner in Shahidan’s law firm upon his retirement.
Shahidan aka Mr. Fix It is an old hand at this. He was charged in 1990 for bribery when he was the OC Secret Societies Johor. So he knew how to fix everything after he left the Police Force. Shahidan had just about everyone in the Police and the A-G Chambers in his pocket so that they would not take action against Tajuddin Ramli.
Gani Patail had already cut a deal with Tajuddin’s proxy – Shahidan Shafie.
Shahidan takes care of his wards very well. So well that when AG Gani Patail wanted to go for Haj, Shahidan arranged for everything and even shared room with A-G Gani’s son, who is also a government lawyer with the A-G Chambers. They have even prepared the line of succession to protect them when they retire. Thus, Dato’ Ramli’s entry into CCID was about to jeopardise all these arrangements. So, the decision was made that Dato’ Ramli must be taken out.
Musa Hassan then caused the arrest of an Ipoh criminal known as Moo Sai Chin and kept him in detention under the Emergency Ordinance to get him to fabricate stories about Ramli. When Moo was ready to co-operate, Musa partially released him under the Restricted Residence Act until he agreed to sign a statement with the MACC in 2007 implicating Ramli for bribery of RM25,000/- which was supposed to have happened in 1999, some 8 years before that!
Musa Hassan then caused the arrest of an Ipoh criminal known as Moo Sai Chin and kept him in detention under the Emergency Ordinance to get him to fabricate stories about Ramli.
That gave A-G Gani the reason to direct Kevin Morais to conduct illegal searches on the asset of Dato’ Ramli. When these searches showed nothing incriminating, Kevin issued a Notice to declare assets against Dato’ Ramli. Kevin did not realise that prior to his Notice, Dato’ Ramli had made 37 departmental asset declarations.
News of this investigation was leaked to the press in order to discredit Dato’ Ramli who was about to make disclosure about the crimes of Musa Hassan and Gani Patail. In collusion with the mainstreammedia, they spun the story of the “RM27 Million Cop” which made headlines for many months in 2007.
Disturbed by these attacks, Dato’ Ramli engaged Rosli who, in turn, engaged a team of accountants to prepare the list of assets. Rosli then filed a complete list for Ramli which ran into volumes (in boxes) of documents. Again this complete audit showed nothing incriminating.
Infuriated that his plan to entrap Dato’ Ramli had failed, A-G Gani directed Kevin to issue a similar Notice against Rosli. Now this was where things went wrong. Rosli was not a suspect in any offence. So Kevin could not issue a Notice to Rosli as a “suspect”. Rosli was also not Dato’ Ramli’s family member, so Kevin could not issue a Notice to Rosli as a “relative”.
In his haste to fix Rosli, Kevin decided to classify Rosli as an “associate” of Dato’ Ramli. But there was a definition of “associate” in the ACA Act and none of it applied to Rosli. But Kevin didn’t care. He will interpret the law as he wants to!
So, Kevin issued a Notice against Rosli as an “associate” of Dato’ Ramli not expecting Rosli to point out Kevin’s mistakes in interpreting the law. And that was exactly what Rosli did in several letters that Rosli wrote to Kevin. Kevin was so arrogant. He refused to answer Rosli’s letters. He did not want the MACC to interview nor seek clarification from Rosli. He was just boiling mad that Rosli dared to point out his mistakes. After all, Kevin was more superior.
Rosli is neither an “associate” nor relative of Dato’ Ramli ! Kevin directed the MACC to arrest Rosli at all cost on the eve of Hari Raya of 2007. Rosli was brutalised, kept one night in the MACC cell and dragged to court the next day, handcuffed !
Encouraged by an infuriated A-G Gani Patail, Kevin decided to teach Rosli a lesson. So, Kevin directed the MACC to arrest Rosli at all cost on the eve of Hari Raya of 2007. Rosli was brutalised, kept one night in the MACC cell and dragged to court as the lawyer who had hidden Dato’ Ramli’s RM27 million assets. That was what they wanted the public to believe, and that was what the mainstream media reported – that Rosli was Dato’ Ramli’s nominee.
But there was a problem to make a charge that Rosli hid Dato’Ramli’s assets because Dato’ Ramli has not yet been charged nor arrested. How do you charge an “associate” when the principal suspect has not yet been fully investigated, arrested nor charged?
So, the charge against Rosli had to state something totally different than what the public was told. Now let’s see the Charge.
The Charge
The Charge against Rosli was that he disobeyed Kevin’s command contained in a Notice issued to an “associate” under s. 32(1)(b) of the Antic Corruption Act to declare assets which he holds for Dato’ Ramli Yusuff.
There was no mention which of Dato’ Ramli’s assets was being held by Rosli. There was no mention of any RM27million. There was no mention that Rosli was a nominee. There was no mention which category of “associate” Rosli belonged to. There was no mention of all of the above because this was a fixed up charge! This fixed up charge would be an embarrassment to the MACC and to Kevin Morais during the trial.
The Trial
The moment Rosli was charged, the MACC knew they had a problem. They had charged Rosli even before Dato’ Ramli was charged. They refused to tell the court who would be their witnesses because at that time they didn’t have an idea how to proceed. Thus, they had to juggle which witness could come first and who would do the least damage to their case. But the problems got bigger as they plodded on. Problems mushroomed one after another when the MACC witnesses started to contradict their own individual witness’ testimonies and then they each contradicted the other.
Under cross examination by the combative Dato’ Kumaraendran, it was shown that these witnesses were lying under oath, the biggest liar of them all was none other than Kevin Morais himself.
The first MACC witness, Senior Superintendent Azmi Ismail, sensing danger, openly admitted that Rosli was never a suspect for any offence but he was merely a witness. He also admitted that he had no knowledge of the offence allegedly committed by Dato’ Ramli and was just following instructions to prepare his “cover report” based on earlier cover reports. Thus, discovery was made that there were four cover reports, and yet none mentioned Dato Ramli’s name!
The situation became so bad that they had to look for every opportunity to postpone the trial. When Dato’ Kumaraendran caught Kevin lying countless times, Kevin decided he had had enough and asked for a long Christmas break to seek solace from his English boyfriend in London. When DPP Zulqarnain could not cover up any more for Kevin, they sought adjournments on the flimsiest reasons. This arrogant DPP even tried to intimidate the MACC’s own witness, Adenan Ismail, a former magistrate, when Adenan confirmed that it was his firm and not Rosli’s firm which handled the property transactions. This showed that Kevin Morais had committed an outright lie when Kevin insisted that Rosli’s firm handled the transaction. The lies by Kevin were so numerous that it was just pathetic to see him being caught by Dato’ Kumaraendran at every corner.
Exasperated, DPP Dzulqarnain decided to delay Rosli’s trial to allow Dato’ Ramli’s trial to proceed in the hope that Dato’ Ramli’s trial would turn up some favourable points for them. Unfortunately for the MACC, Dato’ Seri Shafee Abdullah who represented Dato’ Ramli was doing a brilliant job in showing that all the three cases against Dato’ Ramli was a big fixed up job by former IGP Musa Hassan and A-G Gani Patail. In the end, Judge Supang Lian of Kota Kinabalu called Musa Hassan “an incredible witness whose evidence is not to be believed” which is the legal jargon for calling Musa Hassan a LIAR. This was followed by Judge Gunalen in Kuala Lumpur who also dismissed all the charges against Dato Ramli without calling for his defence. Dato’ Ramli had therefore been fully vindicated.
Musa Hassan “an incredible witness whose evidence is not to be believed”
This posed a new problem for Kevin and the MACC. What do they do with Rosli’s case? The easiest thing to do was to withdraw. But they can’t because Rosli has sued the MACC, Kevin and others for conspiracy and claimed RM50 million. They are in a catch 22 situation. Then, as if by coincidence, Judge Abu Bakar Katar was transferred out of Kuala Lumpur to Malacca. The MACC pounced on that to exclude Judge Abu Bakar Katar and wanted the new Judge to take over. But Judge Abu Bakar insisted that he will stay on to deliver his Judgment on Rosli.
Judgment Day 
Based on the above, the Court of Public Opinion pronounce that the MACC’s case against Rosli Dahlan is totally baseless. This case is based on a fixed up charge stemming from an illegal and invalid Notice issued by an irresponsible DPP Anthony Kevin Morais. Rosli Dahlan is hereby acquitted and discharged without his defence being called.
The Court of Public Opinion further pronounce that Rosli Dahlan has been a victim of conspiracy by those in power and the mainstream media who have inflicted pain and suffering on him and his family. It is a sad day when a man of honour is publicly disgraced by men of dishonour.
The Court of Public Opinion prays that this should never happen again and that could only be if we, the Public, are vigilant against abuses by those vested with power and authority over us. The Court of Public Opinion hopes that the Court of Law would concur with these findings on Monday, December 20, 2010.
Let us hope that on Monday December 20, Lawyer Rosli Dahlan will be free to get on with his life and career. I also pray that clients who had abandoned him will now re-engage him as their legal counsel.
Having attended his trial, I am totally convinced that Lawyer Rosli should be acquitted and discharged without his defence being called. That said, I recognise that this decision must rest with the Judge. –Din Merican
dinobeano - December 18, 2010 at 10:07 pm
Hi Din,
Have you considered the possibility that the court will postpone their decision on Dec.20th due to various reasons/excuses? After all it is now coming to the end of the year and many people are in the festive mood and taking holidays with their families.
frank - December 18, 2010 at 10:46 pm
On Monday,the Sessions Judge should just adopt this crystal clear judgement as pronounced by The Rt Honorable Justice Din Merican!
Serpico - December 18, 2010 at 10:57 pm
” It is a sad day when a man of honour is publicly disgraced by men of dishonour . ” – Din.
Very well said Din. And we should also never allow a man of ill repute like dr mahathir to ever become Prime Minister either . Imagine , what Rosli Dahlan and his family would have gone through all these years . Similarly , what Anwar Ibrahim’s family would have gone through .
I honestly don’t think anything like what has happened to Rosli and Anwar and even Ramli and Jeffery Kitingan would ever have happened if dr mahathir was not Prime Minister .
A down right evil man spawned many more evil men . Even a judge like augustine paul turn evil. Incredible how evil begets evil.
salmiah hassan - December 18, 2010 at 11:07 pm
A man should be judged by his peers and not someone trained in the law. The judge gives directions on the law to the jury. The jury determines what the facts are and then applying the law to the facts as the jury finds them, comes out with its finding of “Guilty as charged” or “Not guilty.”
The only way to stop the abuse of our judicial system is to re-introduce jury trials.
Mr Bean - December 18, 2010 at 11:22 pm
Some of us too do know some detils about the happenings with this innocent victim who has been targetted just for doing THE RIGHT thing!
We will be praying for you.
muhammad ridwan - December 18, 2010 at 11:22 pm
Justice Augustine Paul should be stripped off his title. But now that he has been forever discharged from his duties, there is no need to disturb the dead.
There is no need to pee on his grave and tell him it is raining. He will not know the difference.
Mr Bean - December 18, 2010 at 11:29 pm
I would like to ask Justice Din Merican why this gambar of orang puteh with horse hair on his head? Is he advocating for our judges to go back to putting horse hair on their heads?
Mr Bean - December 18, 2010 at 11:37 pm
The source of this monkey business is no other else than Mahathir the Devil in disguised. Now he is spewing more demonized utterance just to see his son get a ministerial post and thereafter to become the Prime Minister.Najib is being screwed left and right upside down by this diabolical man of the century. Naijb days are numbered in his PM post, just because of these one man.
Orang Swk - December 18, 2010 at 11:37 pm
Bean,
Rain water or urine, does it matter? Both are irrelevant to him.
Tok Cik - December 18, 2010 at 11:49 pm
He sure is. Don’t they steal bodies anymore in Malaysia?
Mr Bean - December 19, 2010 at 12:07 am
The Verdict by the Court of Public Opinion is spot on.
man-on-the street - December 19, 2010 at 12:25 am
Should pour whisky on the grave. He would think it is relevant and wake up from the irrelevant grave.
Joe A - December 19, 2010 at 12:57 am
I guess this is how it will be when you have toyols becoming prime ministers and menteri besars or chief ministers. To cover their tracks because of their ill gotten gains , they corrupt the whole system.
And there are some who consider these toyols – as their sifu’s . Incredible right ?
veyellah dumale - December 19, 2010 at 1:09 am
The MACC should investigate Gani Patail on his relationship with Shahidan Shafie. Shahidan should be asked to declare his assets in and outside the country and whether he holds any for Gani and for Tajuddin. Then freeze his assets under the money laundering law.
Same thing for that scumbag police deputy commissioner Dato’ Nawawi. No wonder the case was closed until Dato’ Ramli became director and re-opened the case. Hello! Abu Kassim, quick act to freeze all their assets.
Mmorgan - December 19, 2010 at 2:04 am
“Then freeze his assets under the money laundering law.”
The cold winter has done the job. All their launderettes are now frozen,
Mr Bean - December 19, 2010 at 3:43 am
“Kevin’s sexual orientation is unknown although Malaysia Today’s report out of London suggests that he has an older English boyfriend whom he spent time with last Christmas. He is unmarried, and it is doubtful if he ever will, at least not in Malaysia. As such, there is nothing to be said of his family values.” Din Merican
A person’s sexual orientation has no bearing on any of the issues. Completely none. It is wrong to put somebody up for public ridicule based on his sexual preferences or manner of dressing or speaking. It has no bearing on his integrity as prosecutor and/or credibility as a witness.
Justice Augustine Paul would rule this as irrelevant and no one should pee on his grave and tell him it is raining. Because it is not. Not relevant.
Mr Bean - December 19, 2010 at 7:36 am
If you were to put Kevin on the witness stand and cross-examine him on his sexual orientation with a view to discrediting him, or portray him as a witness who cannot be believed, the judge will stop you in your tracks and ask that your comments be stricken off the record. He may even cite you for contempt if you proceed along that line of questioning.
___________
Mongkut Bean, you know that Kevin’s sexual preference is not relevant to the case. His testimony before the judge as a key witness was a pack of lies, inconsistencies and lies. He deserves an Oscar from the A-G. He is known to his subordinates as “Tuan Kevin”.–Din Merican
Mr Bean - December 19, 2010 at 7:43 am
Sometimes it is unfair to blame Kevin Morais since he takes instructions from Gani Patail.
You know Gani Patail; he has the streak of a Mafia Boss. If he can fix up a former DPM, what is Kevin Morais to him. If for whatever reason Kevin incurred the wrath of Gani Patail, the better option for him is to migrate to London where his associates are.
And it is also unfair to blame the Macc for what happen to Ramli & Rosli. The fault chiefly and largely lies with the former Chief Ahmad Said. This fella can be used and had been used by UMNO to create havoc in the PR-led Perak Government and was also used to destabilize the PR-led Selnagor Government. Gani used Ahmad Said to the hilt to strike at Ramli and Rosli. The other Macc officers who were involved are just stupid low ranking officers who wanted to please Ahmad Said.
Now they are in trouble; getting sued left and right by Khalid and Rosli. Intelligent offices doesn’t simply follow instructions.
___________
La, these characters no longer do what is right. This is because they have no options since they are unemployable in the private sector.–Din Merican
La - December 19, 2010 at 9:25 am
On Monday, the Judge should acquit Rosli without calling for his defence. The Judge should also write in his judgment the dishonesty and lies of the MACC’s witnesses. This will serve as a warning for all law enforcement agencies and public officers that they will be held accountable by a court of law. The path has been shown by Judge Supang Lian.
Judge Abu Bakar Katar must show his commitment to Amar Ma’ruf Nahi Mungkar so that we know his Islamic goatee is not just for show.
comrade - December 19, 2010 at 9:25 am
“The Judge should also write in his judgment the dishonesty and lies of the MACC’s witnesses.”
Lying under oath is already a crime. Any witness caught lying while under oath should be prosecuted for perjury — that should put the fear of God in them.
Mr Bean - December 19, 2010 at 9:42 am
I have said it before and I say it again- Din Merican is doing more harm than good for Rosli Dahlan. His hidden agenda is of disservice to Rosli’s case.
If the Judge was sympathetic, he will now feel less so. If the DPPs were just doing their job, they will now be more hardened and motivated to prove they are not the fools that Din Merican make them out to be. Kevin Morais is a senior DPP and will make it to Judgeship. It is only natural to expect that he would make life more difficult for Rosli at the Bar. So, is Din a friend or a musuh dalam selimut?
_________
Rakantulen, the judge will make his decision on the basis of evidence before him. The prosecution had no case in the first place. Read my piece again. Are you suggesting that this judge can be influenced by what I write? Think again. Your comment tells us more about the state of the judiciary and the A-G’s Office and also your logic.–Din Merican
rakantulen - December 19, 2010 at 9:42 am
Letting them go scot free is tantamount to making a mockery of our justice system.
Mr Bean - December 19, 2010 at 9:51 am
“Have you considered the possibility that the court will postpone their decision on Dec.20th due to various reasons/excuses?”- frank
Din Merican, check this out – my sister who work in the lawyer firm said the DPP just file very thick submission last Friday. Case most likely postponed, Judge need time to read. Very good strategy to go to next year. No happy holiday for Rosli and family, Sorry!
___________
Orangdalam,
Frank and you could be right. The judge could postpone it again. Mongkut Bean, can the DPP make an additional submission? My simple mind tells me he cannot since the judge had received submissions from both sides earlier. The judge even granted an extension of time for the DPP to complete his earlier submission. But then Malaysia Boleh.–Din Merican
orangdalam - December 19, 2010 at 9:52 am
“He powders his face, puts on mascara, rouge and lip gloss when he is in court with well manicured finger nails.”
Hey Din,
You know what? This guy must be a pondan. I am quite sure. Or maybe a gigolo.
Heterosexual men don’t do what he does.
Dap man - December 19, 2010 at 10:05 am
“Any witness caught lying while under oath should be prosecuted for perjury — that should put the fear of God in them.” – bean
You already said it – they should prosecuted, but they are not. According to Din Merican’s real time report of the trial, Kevin Morais lied countless times, yet nothing happened. Gani Patail and Musa Hassan have been accused by Dato’ Mat Zain of fabrication and perjury and yet nothing happened to them. Nothing could happen because they control the prosecution process. So the next best thing, is to condemn these liars in the strongest of terms as was done by Judge Supang Lian. Let it remain in the record to be pursued later when circumstances change.
comrade - December 19, 2010 at 10:17 am
This is a shameful Trial orchestrated by shameless liars. The judge should release Rosli and denounce these liars in clear and certain terms.
yclai - December 19, 2010 at 10:24 am
“Are you suggesting that this judge can be influenced by what I write?” – Din Merican
If that is not the objective of your writing, then your motivations are more suspect because you are causing difficulty to Rosli although you have already realised that your writing will achieve nothing. Your rationale here is rather warped.
__________
Rakantulen,
I chose to write about the Ramli and Rosli cases because the mainstream media would NOT report on them ( and I am glad Malaysia-Today carried my pieces). In fact, the MACC and the A-G’s Chambers were surprised that the public knew what they were doing to both Ramli and Rosli.
My writing kept Malaysians informed. They now know that the A-G’s Chambers and its surrogate the MACC are engaged in selective prosecution. As my friend, Mongkut Bean said, the A-G Chambers and the MACC are not interested in winning but only in putting fear into the hearts of those who dare to dissent.
If you have any guts, disclose your true identity. You, of course, wont, because you know that you will confirm that you are either from the A-G Chambers or were once employed there. With a rakantulen like you, Rosli does not need enemies.–Din Merican
rakantulen - December 19, 2010 at 10:31 am
Christmas is just 5 days around the corner. Kevin Morais will again apply for a postponement so that he will be able to celebrate Christmas with his English homosexual husband in Britain. This time the judge will put his foot down and reject Kevin’s request. Rosli Dahlan will be exonerated and Kevin Morais will be given a tongue-lashing lecture by the judge on the evil of fixing up cases. The public will burst into an uproar of approval. Gani Patil, the MACC and the GP will be exposed as the den of thieves and liars inimical to public interests.
With this defeat, MACC will rebel against the AG and Gani Patil will be packed off to Sabah so that he will not be a millstone to BN’s chance of recapturing Sabah in the next general election.
In Sabah the people will pelt stones, cigarette butts and rotten eggs on the poor Gani Patil in public places. To avoid public opprobrium, Gani Patil will house-arrest himself and be so miserable that he will suffer the same fate of his former AG Mohtar Abdullah who died at a relative young age.
vsp - December 19, 2010 at 11:11 am
The most likely scenario – Gani Petai will return to Tamparuli to continue with his petai business at the weekly tamu. His colleagues will receive him with open arms. Who say Sabahans gonna pelt him with rotten eggs?
While he sells petai, Bean and the oldies here on Din’s blog will ride into the sunset on top of the old kerbau.
We plan to start from Kota Serang (opps! Sarang) Semut heading towards Gunong Jerai with tean in the lead.
Tok Cik - December 19, 2010 at 11:51 am
We pray that Rosli will be discharged and set free but with the Malaysian judiciary, we cannot bet that truth and justice will triumph. How sad for Malaysians. Thanks to Din for highlighting the injustice and dishonesty in Rosli’s case. I am sure there are many such cases that have gone unnoticed by the public.
jooi - December 19, 2010 at 12:05 pm
We are all in chorus and in total agreement with the findings, and the ” verdict ” herein that the charge/s are totally ibaseless, Din Merican ! We rejoice for the victimised victim !
May I add too that this Court of public opinion urge upon the Honourable Court, in recording an acquittal, will also make a finding that the whole episode smacks of mala fide intentions & completely malicious to serve someone’s ulterior motives.
As such, the ” Court” doth hereby award damages of RM5 million against the Federal
Govt /Agent ) to be paid to the innocent victim for misery & hardship suffered.
Abnizar7 - December 19, 2010 at 12:41 pm
Hello Bro, the claim is RM 50 million, why you reduced it to RM 5 million! — Din Merican
dinobeano - December 19, 2010 at 1:01 pm
a lying catholic faggot in prosecution team.
a den of liars and fabricators. you gotta thank mahatir for rewarding a fabricator to become th AG, who needs more fabricators and liars to shield him. This time he engages a faggot. Truly amazing. and what is the Najib govt doing? Nothing and he allows such dastardly characters to continue to soil the good name of the AG office.
Najib, walk the talk else dont blame us for being cynical of your 1Malaysia which is nothng but an empty slogan.
pkr - December 19, 2010 at 1:12 pm
din,
the mainstream editors have to protect their ricebowls and enjoy the honorific titles that come with their complicity. Best, some even can in stand n front of the pulpit and preaches to the lay on living God’s way of ethics and honesty on Sundays. How hypocritical, goodness.
not to forget that some faggots can even be prosecutors in this decadent administration.
pkr - December 19, 2010 at 1:17 pm
irrelevant irrelevant irrelevant. i thought his grave is too covered by feaces and urines. too smelly now even for faggots to go near. why is irrelevance resurrected?
one day, the chief fabricator, and we all know who he is, will suffer the same fate? who can run from destiny?
pkr - December 19, 2010 at 1:21 pm
Look at this blog : this is how desperate Tajuddin is getting ! http://anotherbrickinwall.blogspot.com/2010/12/mas-corruption-investigation-lose.html
davidquellsgoliath - December 19, 2010 at 1:53 pm
I just read this blog and this is my reply to the person who never actually revealed himself and background. So much to tell about the integrity of this blog , he probably would not publish my response too.
_______________________
Your research is so poorly done. Not only you got the firm’s name wrong- it is not Hishamuddin & Lee, but the correct name is Lee Hishamuddin Allen &Gledhill (LHAG). This information is so easily available on the Internet . LHAG of Malaysia is a different firm from what you say is “Allen Gladhill & Co” .
BTW there is no such firm by that name either in Singapore or Malaysia. This shows your wild imagination over things that do not exist.
Bad spinning Bro ! With regard to you calling me SOB, you should know what you did to incur my wrath. I did not suffer fools then, and I still don’t. You were lucky I did not throw you out of the window for the kind of work you did, like this rubbish fabricated story. — Din Merican
dinobeano - December 19, 2010 at 1:58 pm
We al know Rosli Dahlan is a victim. We all know he should rightly be acquitted without his defence being called. He should spend his Christmas and New Year break happily with his family and then start to rebuild his life and career. We should all pray for Rosli Dahlan’s acquittal – whatever eeligion we may each profess.
BUT the big question is – will evil triumph over good?
The answer to Malaysia’s problem is only one – nip it in the bud – its Mahathir and Gani Patail. I don’t believe they are untouhables. And I also know God is Great! God is Fair! and I know God has His ways!
Sentinel - December 19, 2010 at 2:35 pm
Let me guess what that old man in London is gonna be wrapping up for his Lil Kev Kevin in the Christmas gift – lipsticks, mascara, nail polish, perfume, lingeries, KY Gel…. Merry Christmas Kevin!
Sentinel - December 19, 2010 at 2:38 pm
Why are we so shocked that this could ever happen in M’sia. It happened the day Mahathir intefered with the Judiciary. Our Judicial crisis in 1988 has resulted in this and many many more fix ups before this and perhaps after this.
This reads like a political story rather than a Judicial process . Every single event in M’sia is political.I dont know what will happen on the 20th but someone or a few persons are ever so determined to teach Rosli a lesson unless somewhere in M’sia one person will decide enough is enough and turn this around and set him free and pay against the Govenrment heftily. If he is not set free , then we know that we are in trouble in M’sia.
For a society to evolve there are certain basic freedoms that must be acknowledged and protected against tyranny by the ruling authority. These basic fundamental freedoms if portected, will allow individuals to hold belief without fear and to express them without fear even if unpopular.
For any person to be free to act in a free society, he or she must be free to think or form an opinion, to express these opinions and ultimately to form ideas and plans.
It is imperative that these basic freedoms are protected as without the basic rights to believe and choose as a free individual in a free society then it renders meaningless our existence. We would be inhibited and in fear of expressing our beliefs for fear of threats and abuse against our liberties and yet the freedom of belief must be the most unprotected and the most abused right that individuals in societies face.
Does our Malaysian Constitution do enough to protect and advance basic human rights and freedom. Perhaps it is time for radical change.
At an International level these formulations of basic human rights and freedoms are contained in specific documnets. It can be argued that legislation is used to control basic freedoms and are faster with changes to control but slow to protect and advance.
We must now ask the question, whether the Malaysian citizen has the protection as other citizens for example in USA where they have a Bill of Rights. We do not have access to judicial review such as that in the Court of Human Rights. We are left to seek guarantees of basic freedoms such as movement, privacy, liberty to petition Government ,trial and the due process as interpreted by Judges.
In law, basic freedoms and human rights are enforced and protected under Administrative law. This avenue where throguh decisions , human rights and basic freedom are protected because in the exercise of administrative powers,these powers can potentially be abused on the rights and freedom of an individual. The issue is whether these Governments can protect the rights of individuals when passing legislation. For example the Official Secrets Act 1911 in England which was controversial in nature was passed in a day after a spy scare.
Seeing where M’sia is now at, we need to strongly focus on a Bill of Rights for M’sians and be signatory at the International levels and have the same document ratified at our nations level so that M’sians are informed of their rights. The educational systems should then be asked to teach this at schools the concept of basic freedom and rights.
People like Rosli who are mistreated by the abuse of powers will then have an avenue of process of his human rights . The law enforcement agencies should be taught this especially the Police and all those who hold public duties including those who holds public duties provided under legislation.
Kathy - December 19, 2010 at 4:57 pm
As such, the ” Court” doth hereby award damages of RM5 million against the Federal
Govt /Agent ) to be paid to the innocent victim for misery & hardship suffered.” Abnizar7
———————–
RM 5 million or RM50 million, guess where that money is coming from. If you have not already figured it out by now, it will come from the money you pay in taxes. You and everybody else here would be footing the bill in one way or another. So really, what is there to rejoice?
Mr Bean - December 19, 2010 at 6:18 pm
mr bean,
you think Rosli’s motive is to enrich himself?
Damn, its the fabricator who wanted to cover its and the IGP dirt, aint it? Of course, the sleepy head makes everybody believes he is dirt clean while his family enjoys the meals at the expense of MAS. here is an innocent man being maligned and falsely charged.
A true Muslim will never engage in fitnah at least to another fellow muslim. But, too many have follow the footsteps of one man, by the name of Mahatir to engage in fitnah for power and money.
pkr - December 19, 2010 at 6:50 pm
The key point is Ghani Patail hold all Najib secret.
The brave Najib can do it is to appoint Ghani sa Duta most propobly to Singapore where Ghani has help them for pulau batu putih.Najib has do it to great Samy Velu.
fakir - December 19, 2010 at 6:50 pm
“So the next best thing, is to condemn these liars in the strongest of terms as was done by Judge Supang Lian. Let it remain in the record to be pursued later when circumstances change.” comrade
I see now where you’re coming from and where you’re going. It is just that things like that very rarely if not never happens over here. Thanks.
I said that to remind the rest us of the only remedy available in law for a justice system long on the slippery slopes. The trial judge verbalizing his angst summed up in a few lines in his oral judgment at the end of the case does not serve to remedy anything — beyond letting of steam.
There is no better way of protecting the integrity of our courts than to cite someone for contempt for the crime of lying under oath. The judge can do that on his or her own volition for contempt is shown to him or her as the presiding judge.
“To be pursued later when circumstances change” ? A political statement extraneous to the issue.
Mr Bean - December 19, 2010 at 6:51 pm
” Rm 5 million or rm50 million, guess where that money is coming from? ” – Bean
Mr Bean, if compensation is to be paid , is’nt it supposed to come from dr mahathirs ill gotten gains ? Afterall, he was and is the sifu of all the corrupt politicians , both past and present.
toyol - December 19, 2010 at 7:02 pm
mr bean, you think Rosli’ motive is to enrich himself? Damn, it’s the fabricator …. pkr
I’m not asking that Rosli not pursue his constitutional right to due process. Nobody can take that away from him. He is well within his right to seek compensation and more. This is not just about an individual named Rosli but the others before him and those to follow unlucky enough to find themselves at the wrong end of the stick. All I can say is that it is an uphill battle for him even then.
I was just making a statement of fact. They are not about to print money to fill the suitcase so someone like Rosli or Ramli could go take it and enjoy himself for the rest of his life on some island in the Pacific.
Mr Bean - December 19, 2010 at 7:04 pm
Mr Bean, if compensation is to be paid , is’nt it supposed to come from dr mahathir’s ill gotten gains ? After all …toyol
Don’t we all wish! Even then it would be a drop in the ocean — for the Mahathirs, I mean.
Mr Bean - December 19, 2010 at 7:09 pm
My New year wishes for 2011 are:
1. Matathir will kick the bucket and go to hell.
2. Gani, Najib, Samy, and Musa Hassan go behind bars after the 13 GE.
3. Billions will be recovered from UMNO/MCA/MIC leaders.
4. Rosmah will go the way of Imelda Marcos with all her shoes, handbags and panties.
Lawyer - December 19, 2010 at 7:12 pm
“Bad spinning Bro ! With regard to you calling me SOB, you should know what you did to incur my wrath. I did not suffer fools then, and I still don’t. You were lucky I did not throw you out” …. Din Merican
——————-
The U.S. Supreme Court has introduced concepts of private and public forums as a way to resolve some of the issues involving protected and unprotected speech. How do you view your blog? Private forum or public forum? Are you a government actor? If you are not, then you can throw him out and it will not be in violation of his constitutional right to free speech.
_______
My blog is an open forum for discussion and discourse. Take it that way, Mongkut Bean. Because it is an open one, you can say that it is a public forum.
When I said that I would throw this character out of the window, it was intended as a figure of speech. I won’t commit a Beng Hock act. If he were in my office, I tell him to get out.
Arrogant? Not an appropriate word to describe my conduct. Demanding yes when I was in Sime Darby and elsewhere. It was business all the way and Sime would not have it any other way. Some staff hate me, but others think I am okay. I am certainly not a populist Sime executive; the same with my former bosses, Tun Tan Siew Sin, Tun Ismail Mohamed Ali and Group CEO Tunku Ahmad; they were tough and expect high quality work.–Din Merican
Mr Bean - December 19, 2010 at 7:21 pm
Wow, guys. Views expressed and heard. Fair and good comments on this case appear on this blog, some said with great sense of humour. Thank you Frank, Mr. Bean, Tok Cik and others for your insightful comments. We must thank Din Merican for keeping us informed of the Ramli and Rosli cases on his blog in a balanced and clear manner. The MSM chose to stay out.
The verdict will be read tomorrow at 8.30 a.m by Judge Abu Bakar Kattar. I am sure our reporter Din Merican will relay the favourable breaking news from the Jalan Duta courts as soon as he can get to the nearest Coffee Bean internet facility.
My own humble feeling is that the Hon’ble Judge will do what is right that is administer justice on December 20.But it has taken 3 years and hours including taxpayers’ money to conduct this legal charade in the hope of punishing a respected lawyer and a good family man.
God Willing, Rosli will be acquitted without his defence being called. There is,in fact, no case for him to answer. Let Kevin Morais learn from this experience so that he will make a better judge than Mr. Irrelevant Augustine Paul when he is elevated to the status of judge.
To a Mr Rakantulen, I hope that when you are in court tomorrow, you find enough courage to introduce yourself to Citizen Din Merican who has been fair to all sides.
Ahmadi Hussein - December 19, 2010 at 7:22 pm
Ahmad,
Going to the nearest Coffee Bean for Internet connection is out-dated lah. Now one can resort to using a portable broadband modem. It’s like a pen drive, small and handy. Just plug it to your laptop, which is what I am doing now. I am pretty sure Din has one.
________________________
Yes I do have a pen drive for mobile connection. If my research assistant is around I have the liberty of using her IPhone or IPad— Din Merican
Tok Cik - December 19, 2010 at 7:48 pm
“The judge could postpone it again. Mongkut Bean, can the DPP make an additional submission? My simple mind tells me he cannot … “ Din Merican
———————
The short answer? He can. And he will i.e. go along with the prosecution and receives additional rebuttal. There are few rules and the tradition is to allow as much time for a rebuttal as the prosecution requires in the interest of justice.
Mr Bean - December 19, 2010 at 7:53 pm
“My blog is an open forum for discussion and discourse. Take it that way, Mongkut Bean. Because it is an open one, you can say that it is a public forum.” Din Merican
————-
My comment is to add another dimension to the issue. Within the context of the constitutional right to free speech, the concepts of ‘private’ and ‘public’ are terms of art that will need to be applied along with your status as a government actor or not a government actor.There is no issue of violation of the constitutional right of free speech here as obviously you are not a government actor but a private one. Constitutions do not seek to regulate private conduct but only public.
So, you can boot any participant out of your forum – public or private. And you do not have to give a reason.
Mr Bean - December 19, 2010 at 8:04 pm
“And he will i.e. go along with the prosecution and receives additional rebuttal”
I’m sorry. ‘He’ here refers to the judge.
Mr Bean - December 19, 2010 at 8:08 pm
“Hey Din, You know what? This guy must be a pondan. I am quite sure. Or maybe a gigolo” DAP man
There is no need for the use of derogatory words against those who have a different sexual orientation. You will do well to look at it as a human rights issue. And what’s wrong with being a gigolo? Aren’t gigolos doing a service to the community? Providing company to those who need it in exchange for financial support.
Don’t you know there is no such thing as free lunch?
Mr Bean - December 19, 2010 at 8:22 pm
Thanks, Mongkut Bean, for that. I will not boot anyone out if he uses reason and logic, tackles issues and manages differences of views in a mature and intelligent way. The proper use of language, even in expressing anger and frustration. is encouraged.
I am indeed fortunate to have some great blogger friends (you, Frank, danildaud, kathy, kakrubi56, Ahmadi Hussein, sri rusa, menyalak-er, Tok Cik, crazy Thai Tean, et.al) who never cease to educate a willing student like me. I for one do not have all the knowledge. So, I try to learn, unlearn and relearn (Alvin Toffler) from others each day of my remaining years.
The futurist Toffler says this of the individual in the 21st century: “The illiterate of the 21st century is not he who cannot read and write, but those who cannot learn, unlearn and relearn.” (Alvin Toffler in The Third Wave)
You know, Mongkut Bean, I like the Yiddish word chutzpah which means “gall, brazen nerve, effrontery, incredible ‘guts’, presumption plus arrogance”. In short, it means assertiveness as opposed to timidity, meekness and conformity. Merry Xmas and Happy New Year. I value our friendship and hope we can meet again soon.–Din Merican
dinobeano - December 19, 2010 at 8:26 pm
Merry Xmas and Happy New Year. I value our friendship and hope we can meet again soon.–Din Merican
Don’t make me wait too long. My kerbau is getting old. Already it rolled over and play dead a few times.
Mr Bean - December 19, 2010 at 8:30 pm
Din Merican,
Thank you for this enlightening judgment! Its like reading a suspense thriller but of a serious topic. I make doa’ for Rosli and his family that he will be acquitted without his defence being called. I also hope that the Judge will be brave to also denounce the wrongdoers and award compensation to Rosli.
tarmizi - December 19, 2010 at 9:04 pm
Dear Din & Friends,
I have been following the progress of this case and a special thank you to Din for keep us posted and using simple language to educate us on what has truly taken place.
With all being said and I do sincerely feel ashamed of what the Malaysian Legal system has done to Mr Rosli and his family, my utmost fear and worry goes out to the issue of what’s next? If such an action can take place to someone like Rosli what more the general public?
Didn’t even a single soul within the legal system of the AG took a stand for what is right and honorable?
How do we give the years lost to the innocent individual due to the case being dragged for over three years! How about the others? There is something seriously missing here I believe. You suspect someone, you detain him/her for a period of time and then you say I’m sorry we made a mistake? Isn’t something called accountability, compensation and responsibility MISSING? If someone has an answer or opinion please do educate me and the public what do we do?
If you say go back to the legal system and ask for compensation, then I ask why isn’t this built-in the system to protect the innocent? Isn’t that the reason the legal system is in place to protect the innocent?
coolblue - December 19, 2010 at 9:25 pm
No worries, all is well.
And i don’t even need to pray.
Here’s for an early X’mas & New Year:
Menyalak-er - December 19, 2010 at 10:06 pm
Menyalak-er, what about this for Xmas:
dinobeano - December 19, 2010 at 10:20 pm
Saudara Rosli,
Do’a daripada saya dan seluruh jemaah surau TBP Kangar supaya Allah bersama saudara. Amin. Saudara Din, Terima kasih diatas ‘Written Judgment’.
md aris ismail - December 19, 2010 at 10:32 pm
Free the man!
JJx - December 19, 2010 at 10:33 pm
Coolblue,
If the government is required to pay compensation for every case it loses, then there will be among us criminals or would be criminals, walking our streets, waiting for their opportunity to make money at taxpayer expense, who will be looking forward to being prosecuted — and an A-G and defense lawyers waiting in the wings to share in the loot, for the failure of the government in making out, let’s say, a prima facie case.
It is reserved for miscarriage of justice cases where the prisoner spent years in incarceration before exculpatory evidence surfaces. It includes exculpatory evidence available to the police at the time but not made available to the defense which could have cast doubt on the case.
Our judicial system is an adversarial one. Nobody says it is perfect but it is the best we got. Occasionally, the innocent gets convicted and sent to prison. Over here in the United States, we see sometimes prisoners being released after ten years in incarceration and awarded US2 million or more. In some of these cases, it does not mean they did not do the crime. There isn’t enough proof they did the crime. There is a difference. The law requires that it be proven beyond reasonable doubt. Not beyond all doubt. When a third person’s DNA is found at the scene of the crime (of rape, for example) reasonable doubt is cast and the prisoner has to be set free. It is better than a few criminals walk free than an innocent man goes to jail.
Mr Bean - December 19, 2010 at 11:07 pm
ooops …. that a few criminals walk free
Mr Bean - December 19, 2010 at 11:09 pm
lawyer,
amen except mahatir should live on and have all his sins revealed and the family ill-gotten gains returned to the govt for disbursements to the downtrodden and the unfortunate. mahatir will confess and the nation will forgive him for all his transgression. Msians will live happily thereafter as one nation.
pkr - December 19, 2010 at 11:21 pm
Ramli and Rosli both have a steep climb in front of them, to make in order to satisfy the standard of proof required before they could hope to collect their millions.
Mr Bean - December 19, 2010 at 11:26 pm
The chances of their collecting anything on a scale of between 1.0 -10.0 and under this regime? I would have to put it at 0.
Mr Bean - December 19, 2010 at 11:30 pm
“We must now ask the question, whether the Malaysian citizen has the protection as other citizens for example in USA where they have a Bill of Rights.” Kat from Down Under
——————–
Our ‘Bill of Rights’, so to speak, could be found under Articles 5 – 13 of the Federal Malaysian Constitution of 1957 under ‘Fundamental Liberties” and so there’s nothing more to add.
You gotta understand that in the case of United States, they drafted their U.S. Constitution and passed it in 1787 (preceded by their Declaration of Independence in 1776) which is nothing more than a set of rules. But then in 1791 the first Act of the U.S. Congress was to pass the Bill of Rights ( borrowing England’s Magna Carta of 1215) the purpose being to curb the powers of their government (i.e. federal government) and protect the rights of the individual.
I believe you are not familiar with the Federal Constitution of Malaysia of 1957 nor of U.S. Constitutional history and the U.S. Constitution.
.
Mr Bean - December 20, 2010 at 1:37 am
The trial shouldn’t have progressed to this point. The trial judge should have already thrown out the case right at the beginning when the charges was first read. Why? because Kevin or the AG:
“issued a Notice against Rosli as an “associate” of Dato’ Ramli not expecting Rosli to point out Kevin’s mistakes in interpreting the law.” If the charge is not legal to begin with, why have a trial. Not sure what the trial is trying to prove.
We are just wasting the judge’s time, money and court resources. The AG should be taken to task for his ineptness and being vindictive. The judge should say come back when you have a case otherwise this case is dismissed.
semper fi - December 20, 2010 at 2:02 am
Semper fi, you are absoutely right. Earlier reports suggest that since 2007, Rosli had gone to the High Court for Judicial Review to declare Kevin’s Notice as invalid. Unfortunately, the legal process requires him to seek “leave” before he can do that. The High Court Judge did not grant him that “leave”. Rosli had appealed and until now that High Court Judge’s notes are not ready and thus the appeal cannot proceed.
The transcript posted earlier also showed that Rosli had again raised this point at the begining of this trial and the Sessions Judge said he will rule on this at the conlusion of the prosecution’s case today. Let us hope this point is not forgotten the way the High Court Judge has “forgotten” about the notes!
comrade - December 20, 2010 at 7:34 am
At least people who are victimised through bad faith and get off from malicious criminal prosecution, get ” legal ” compensation through Court orders., or even in civil matters against authorities & Government
There are umpteen precedents where Treasury pays out purely on Court judgements & Orders !
But what pains the tax-payers are illegal monies paid out clandistinely as under-tables or “black monies ” ( Soros describe these up-front kick-backs esp in mega projects) – AND NO TAX TOO…on them .who make billions, whilst the masses ” carry ” the ever-increasing deficits into the future, by being subjected to increases in every-day ” petty ” items from petrol-hike to water & electricity, not to mention the thousands of food items required for bare ” subsistence ” ! !
Cheap-skate, cheap-skate…measures to ” show YEARLY reducing deficits on the books…”
Abnizar7 - December 20, 2010 at 7:54 am
Dear Encik Din
You are Malaysia’s very own Emile Zola!
Phua Kai Lit - December 20, 2010 at 8:00 am
Phua, I am just Din, the original. Emile Zola is a great literary man and brilliant writer, but I am an ordinary Malaysian who tries to lead a simple and wholesome life. Mongkut Bean knows my background and I for one have not forgotten my roots. Yet to some I am an arrogant sob. They are entitled to their opinion. I suggest to these people that they should look at themselves first, learn, unlearn and relean so that they become less self-centered and insecure.
Thanks for your support and contributions to this blog. Merry Xmas and a Great 2011.
dinobeano - December 20, 2010 at 9:33 am
Comrade
Who was the judge that need 3 years to write his notes and arrive at a ruling? Didn’t CJ Zaki and all his predecessors say that judges need to have their rulings with thw least delay. Maybe the people should start a move to stop paying judges their pay until they start delivering judgement. The longer they wait the less they remember and will eventually deliver a poor judgement. Thus justice delayed is justice deprived.
semper fi - December 20, 2010 at 10:12 am
Well Mr Bean I am glad it can be found becasue it certainly isnt being practised! I will have a flick thru it!
Kathy - December 20, 2010 at 11:47 am
These set of rules will be well taught to the citixens back home so that they can be familiar with it. Even better we should draft on specifically called the Charter of Human Rights and make everyone especially law enforcement and the Public service make it second nature to be aware and put into practice. what is the point of having it and buried. It should come to life and be practiced, into the psyche of everyone.
Kathy - December 20, 2010 at 11:50 am
Rosli Dahlan has been acquitted!
The court in summary held that the prosecution had no reasonable basis to charge Rosli Dahlan ie. Rosli didnt fall within the categories of persons that can be served the notice, there was no reasonable evidence that Rosli was managing the affairs of Dt Ramli etc.
This confirms that MACC are bunch of idiots and have caused a waste of public funds by going ahead with this silly charge.
ServiceB4Self - December 20, 2010 at 12:48 pm
“So, I try to learn, unlearn and relearn (Alvin Toffler) from others each day of my remaining years. ” Din Merican
Thank You Din for teaching us ,especially me to learn,unlearn and relearn. You have no idea how far reaching your positive actions are. God Bless.
______
Thank you, kathy for your kindness. Life is about learning and it takes humility to learn. You should read J.Nehru’s The Discovery of India. It is full of insights and wisdom from a very erudite Oxford educated Indian leader. It is a touching epic of India.–Din Merican
Kathy - December 20, 2010 at 1:21 pm
Thank you,I will Din.
Kathy - December 20, 2010 at 2:48 pm
Kat,
The ‘set of rules’ referred were in reference to the ‘framework’ which is the Constitution i.e. rules regarding the three branches of goverment and their powers, separation of those powers and where they overlap etc. Some eleven years later, the equivalent of England’s Magna Carta was incorporated into the U.S. Constitution in the form of the Amendments i.e. Amendments 1-10.
Our Constitution, on the other hand, came 300 plus years later, a constitution drawing from tradition and experiences of those who came before us. Those individual rights necessary to protect the individual from government were drafted as part of the country’s constitution and we know them as ‘Fundamental Liberties’.
Why incorporate something we already have? Why introduce another document? For what purpose? The Constitution is the supreme law of the land: Article 4 Federal Malaysian Constitution 1957.
The problem, like you say, is in its implementation. We have all the laws we need. Time would provide us with the necessary social, economic and political infrastructure needed for democracy to take roots — like a free media, pressure groups in the form of trade unions, civil liberty groups, religous associations etc.
We need not more laws but the rule of law — and the political will to see it through.
Mr Bean - December 20, 2010 at 6:42 pm
Having said that our ‘fundamental liberties’ are so heavily qualified in our Constitution that it would not be incorrect to say we do not have them. What we have are a watered down version of the Bill of Rights.
Mr Bean - December 20, 2010 at 6:48 pm
good, Mr Din, I’m glad your friend Mr Rosli Dahlan is now a free man.
Ho Liang Hong - December 20, 2010 at 11:43 pm
Yes I agree Mr Bean, however there are some who dont know where to look and havign a separate charter and ofrced to teach at every level may start a new mind set. That is what some proponents argue. You know like the law enforcement and public service. Separate class on Human Rights.
Kathy - December 21, 2010 at 4:00 am
We need not more laws but the rule of law — and the political will to see it through.
Mr Bean – December 20, 2010 at 6:42 pm
Sp true. But only for clever ones like you. For those who are unaware, those in public service who think jpoining can make them rich, they badly need a relearning as Din rightly points out!
Kathy - December 21, 2010 at 4:02 am
“A truly great man is one whom
money and rank cannot corrupt,
poverty and hardship cannot shake,
and POWER AND FORCE CANNOT SUBJUGATE”
Mencius
Phua Kai Lit - December 21, 2010 at 7:40 am
Hi! It’s me again. That Mr./Ms. Dumale used my name once again after commenting on your blogpost. It would really make me happy if you deleted that person’s comments also in this blogpost, http://dinmerican.wordpress.com/2010/12/20/rosli-dahlan-acquitted/
Ellah D. - August 7, 2011 at 5:09 pm
Dear Din (A Rhodes Scholar and former BNM official of high repute..” bukan reput”)…Keep up the thought-provoking articles and writings. Seven months after you had ended your discussion on “Written Judgments”, a former judge Datuk Syed Ahmad Idid (who suffered thanks to Gani Patail) wrote an easy-to-read/to-understand text book on “Writing of Judgments – a Practical Guide for Courts and Tribunals”. The launch was by CJ Tun Zaki but the Malaysian judiciary asked their judges to buy the books from their pockets.The UK, Singapore, HongKong and other courts buys the books from LexisMexis. If indeed our Malaysian judiciary is clean and honest, the Government will buy such a book for their judges to learn from and imbibe the lesons. If the judge in the Sodomy II trial has read this book, he will be able to give an independent, impartial and fair verdict with a properly written judgment….facts, principles and his finding!.
Lee Boo Peng - January 7, 2012 at 11:55 am
No comments at this late stage.
Too late.
The verdict has been arrived at and the Committee has agreed with it.
Come 9th, bang!
Surprise.
DSAI will be acquitted.
And then BN hopes to win 23% more votes in the GE.13 and so get the 2/3 majority.
Gong - January 7, 2012 at 12:07 pm