October 10, 2014
Rosli Dahlan’s Faith in the Malaysian Justice System is unshakeable?
by Din Merican
Yesterday, Malaysiakini’ s Hafiz Yatim drew our attention to the fact that, finally, Lawyer Rosli Dahlan’s RM50 million law suit for the conspiracy committed against him by the MACC and Utusan Malaysia will be going to trial.
His Quest for Justice shouldn’t be in vain
Most of us were not aware that Rosli’s law suit was twice denied from proceeding by two High Court Judges, namely Justice John Louis O’ Hara and Justice Hew Siew Kheng. Only because Rosli persevered by appealing to the Court of Appeal not once but twice that he was able to get the case back on track.
It is like the deliberate derailment of a train. Any lesser person would have crumbled. But not Rosli. He is truly an idealist. His faith in the judicial system is unshakeable like his faith in religion and Allah. And he pursued with what he believed to be his right to seek redemption and justice in a court of law.
And even as he succeeded to put that case on track, he has been denied from consolidating that case with another RM50 million law suit that he filed against A-G Tan Sri Gani Patail, former IGP Tan Sri Musa Hassan, current MACC Chief Commissioner Tan Sri Abu Kassim and former MACC Director of Prosecution, Dato Nordin Hassan, who was recently elevated to the position of a High Court Judge.
What I was alarmed at is the fact that, here is a senior lawyer whose playground is the courts and the very court system almost let him down. What I was deeply disturbed at is that there seemed to be an unseen hand which, firstly, did not want his case to even see its day in court. And then, when there seems to be an impartial Judge like Dato Nik Hasmat and Judicial Commissioner Vazeer Alam Mydin Meera, again the case is removed and sent to another Judge.
I am sure the new 4th Judge of his case, Justice Yang Ariff Dato’ Su Geok Yiam will be fair to Rosli and give him the justice that he so much deserves regardless that one of the defendants is a sitting Judge Dato Nordin Hassan.
That, however, begs the question– should Nordin have been elevated to be a Judge when there is a lawsuit that named him as a perpetrator to subvert justice? That fact is already proven when Rosli was acquitted and the Courts ruled that the case against him was a sham. That is the impression I get from reading Hafiz Yatim’s report yesterday.
I have seen my young friend and lawyer Rosli Dahlan devastated and down so many times before when the odds were against him that I am compelled to caution him not to be too idealistic, not to be naïve in believing that he can get justice when he wins his case.
I wish to only point out to Rosli that as much as he believes in the justice of the God of Islam, it is the spokespersons of Islam like Jabatan Agama Islam Wilayah (JAWI) and Jabatan Agama Islam Selangor (JAIS) who are the persecutors of Borders’ Nik Raina, Malay scholar Kassim Ahmad and prolific publisher Ezra Zaid (son of Zaid Ibrahim). The custodians of the law are the very persons who abused it with impunity.
So, before Rosli suffers another heartbreak from his faith in religion and God, I just wish to quote to him an old Roman saying : “Religion is regarded by the common people as true, by the philosopher as false, and by the rulers as useful.”– Seneca, 2000 years ago
Now read what Malaysiakini reported (below). Fighting Whitehall is tough business. Those in it are fighting you using taxpayer’s money and the court’s time. Let us pray for Rosli that his faith win God and religion will not forsake him.
To Justice Dato Su Geok Yam (right), I say say please administer justice as it is your job. Here is an opportunity for you to do the right thing. Stop the persecution of a lawyer who has the guts to fight Whitehall in order to regain his dignity and honour. I have been following Rosli Dahlan and Ramli Yusoff over a number of years and attended their court proceedings, and have reported their fight for justice on my blog when the mainstream chose to ignore them. The time for closure is long overdue . Justice must again be seen to be done.
Copgate suit against Utusan, MACC finally fixed
by Hafiz Yatim@www.malaysiakini.com
After a slew of judge changes, the RM50 million civil suit lawyer Rosli Dahlan filed against Utusan Malaysia
and the Malaysian Anti-Corruption Commission (MACC) over what is known as the ‘Copgate affair
‘ has been fixed for hearing for five days from Nov 10.
This follows questions surrounding the arrest and charge leveled against Rosli on the eve of Hari Raya Aidilfitri seven years ago, on which he had been fully acquitted and cleared.
The trial will be heard before Justice Su Geok Yiam, who will be the fourth judge to hear the matter. The dates were decided yesterday the following case management of the matter before Justice Su.
The matter was initially fixed before Justice John Louis O’Hara, who then struck off Rosli’s suit. Rosli appealed and the Court of Appeal agreed with him and reinstated the suit and fixed before another judge.
Lawyer disallowed to give oral evidence
The case was then moved before Justice Hue Siew Kheng, who repeatedly asked the matter to be resolved amicably and quickly, but even then she disallowed Rosli from giving his oral evidence.
On appeal to the Court of Appeal, Rosli successfully set aside Justice Hue’s order and the case was brought before another judge, Justice Nik Hasmat Nik Mohamad. However, Justice Nik Hasmat was also taken off the case at the last minute, and it has now been brought before Justice Su.
Rosli had also tried to consolidate this suit with another separate RM48 million suit he had filed against attorney-general (AG) Abdul Gani Patail (left), former inspector-general of police (IGP) Musa Hassan and MACC chief commissioner Abu Kasim Mohamad for malicious prosecution and public misfeasance.
This action he filed separately and together with former Commercial Crime Investigation director Ramli Yusof, who was implicated in the ‘Copgate affair’ and has also filed a RM128.5 million claim.
The Attorney-General tried to have their suit struck out, but KL High Court judicial commissioner Vazeer Alam Mydin Meera ruled the top legal officer in the country was not immune to legal action.
However, the A-G’s lawyers were successful in getting both cases to be heard separately, although the facts and witnesses are the same, and the matter is now stayed following the AG’s appeal.
Five-year wait for hearing!
Rosli, a partner at the law firm Lee Hishammuddin Allen and Gledhill, filed the suit against Utusan Malaysia and MACC in 2009 for defamation, assault and false imprisonment leading to his charge in 2007, of which he was acquitted years later.
By then Utusan Malaysia had issued a public apology to Rosli admitting that it had sensationalised and falsified its report and “acted beyond the parameters of ethical journalism”.
Besides Utusan Malaysia, Rosli named 15 defendants including Abu Kassim, who was then MACC’s number two officer, officers from the Attorney-General’s Chambers, Bank Negara and the government as defendants.
Being a director of several large multinational companies and a trustee of an international charitable organisation, Rosli claimed their actions have affected his integrity and good reputation.
His involvement came to light after he tried to help Ramli, who was then entrusted to get rid of the illegal money lending syndicate including a leading underworld figure named Goh Cheng Poh or Tengku Goh, who was allegedly linked to then top cop Musa.
When Goh was placed under restricted residence, the AG’s Chambers did not want to act for the Commercial Crime Department headed by Ramli to challenge the suspect’s habeas corpus application, resulting in Rosli being roped in to draft the affidavits for Ramli, his arresting officers and former Deputy Home Minister Johari Baharom.To make matters worse, Rosli had acted for Malaysia Airlines in several of the national carrier’s international disputes.
Ramli who was then the number three officer in the police force had also investigated the airline’s losses and had recommended to then Prime Minister Abdullah Ahmad Badawi that action could be taken against former MAS chairperson Tajuddin Ramli for the losses, where if the A-G failed to do so, the Police are up to the task.This allegedly led to the purported fabrication of charges on Ramli being labeled as the ‘RM27 million cop
‘ as well as charges leveled on both him and Rosli. It was previously reported that Rosli was later successful in his defamation suit against New Straits Times
and the MACC, where both the daily and the MACC were ordered to pay a total of RM300,000, and the decision was upheld by the Court of Appeal.Rosli’s defamation suit against The Star
resulted in the MCA-owned daily having to settle with an apology and payment of undisclosed damages to him last year, in order for him to withdraw the suit.