Justice is seen to be done : The case of Rosli Dahlan


November 24, 2014

Justice is seen to be done: The Case of Rosli Dahlan

by Din  Merican

‎My young friend Rosli Dahlan has been in the news a lot lately. He defends cases which most Muslim lawyers won’t want to even touch with a 10 foot pole. He was the Borders lawyer who successfully declared that s.13 of the FT Syariah Criminal Offences Act was ultra vires the Federal Constitution.

Then Rosli got embroiled in the Kassim Ahmad case and made a forceful argument exposing that JAWI acted illegally in arresting Kassim in Kedah and abducting him to KL.‎

What was more alarming to most Muslims was that he exposed that the Syariah Court is just an inferior court and even inferior to the magistrates court! But unknown to many, Rosli faces his personal tribulations alone.

Today, his own case came before the Court of Appeal. Some of you may recall that Rosli had sued the AG‎ Tan Sri Gani Patail, MACC Chief commissioner Tan Sri Abu Kassim, former IGP Tan Sri Musa Hassan and various officers of the MACC and AG Chambers including Dato Nordin Hassan and Dato Razak Musa (of Teoh Beng Hock fame). Rosli had faced many obstacles when the AG filed all kinds of application to prevent the case from coming to trial.

Readers will remember that A-G Gani Patail claimed that he had absolute immunity to do what he wants including fixing innocent citizens like Rosli. In that case, the High Court Judge Wazeer Alam Mydin Meera ruled that ” the claim of absolute immunity is anathema to modern notions of accountability”. A-G Gani was not happy and appealed to the Court of‎ Appeal. So, today was the A-G’s appeal.

before being made a judge, said he agreed that deliberate abuse of power by those holding a public office was misfeasance in public office.

As if it was not enough that Rosli had to face 3 Tan Sris, ‎A-G Gani Patail then engaged senior counsel Tan Sri Cecil Abraham to act for him. Many will recall that Tan Sri Cecil Abraham is implicated in the PI Bala case. That makes 4 Tan Sris against Rosli.

RD vs 4 Tan Sris

RD vs 4 Tan Sris

It seems that Tan Sri Cecil Abraham filed a last minute Written Submissions only yesterday at 3.45pm to throw Rosli’s counsel off guard. The appeal came on this morning.

‎In an apparent show of impartiality, Judges Dato Alizatul and Dato Nalini recused themselves when it was pointed out that Justice Alizatul had dismissed Rosli’s Judicial Review Leave application which challenged the very MACC notice for which he was charged and which the Trial Judge later held to be void notices.

At the same time, Judge Nalini recused herself after saying this is a high profile case involving A-G Gani Patail and she had sat in the panel that dismissed NST’s appeal when the High Court Judge Siti Khadijah Badjenid found NST and MACC liable for defamation and for breaching s.21(4) MACCA and ordered damages of RM300k to be paid by NST and MACC to Rosli.

I feel sorry for Rosli that he had to go through all these obstacles just to see his day in court to redeem himself. The incident happened in 2007. Today is 2014. It’s been 7 years and yet the case is not even anywhere near a trial date because A-G Gani Patail just does not want to face Rosli in court. That is what guilty people do, they do not want to face their Day of Judgement.

I also feel sorry for Rosli because his case is being treated like a joke when the Court of Appeal has now fixed the next hearing date on 1st April 2015 which is April Fool’s Day.

I say to Rosli- don’t be daunted.‎ God will protect you and will give you the last laugh. That’s how it has been for the last few cases where Rosli has won all the cases and the AG has been soundly beaten like in the Judgement by Judge Wazeer Alam. To the Justices‎ in our courts, I say to you – give the man the justice he deserves and don’t throw technical obstacles to protect these rogues in government. The higher titled they are, the harder you must come down on them. Let Justice be seen to be done!

Read this and don’t forget to help defend freedom:

https://dinmerican.wordpress.com/2014/10/16/fund-for-kassim-ahmad-and-other-persecuted-activists/

21 thoughts on “Justice is seen to be done : The case of Rosli Dahlan

  1. May truth prevail & victory to En Rosli Dahlan insyaAllah, the devil or devils will rot in hell if not in this world ! ABU !

  2. Rosli Dhalan Sir my prayers and thoughts to you and your loved ones from the deep in Timor Leste. You are our MAN FOR ALL SEASONS.
    Cede Nullis

  3. What is truly disturbing is that some people in this country do evil deeds without even thinking they will one day face Allah to be punished on the Day of Judgement.

  4. Dear Dato,
    I always admire any individual who dare to fight against the establishment in the name of justice. Yes, it is going to be a long battles but I believe RD anticipated this.
    Fardhu Asar is about to arrive in KK. Rest assured I will pay for him.
    I have a ringgit or two should he required financial assistance with his legal fights.
    Regards to him.
    TQ

  5. May the Almighty God bless Rosli Dahlan, who has the courage to go against those who used their power to do evil upon the weak and powerless. Wish him all the best.

  6. These officers of the Law are using their privileged positions to persecute people like Lawyer Rosli. That is irresponsible. The A-G is also able to outsource his Chambers’ work to third parties and there is no one to check him.

  7. Padan muka dia. Melayu macam ni tak patut dikasihani. Dia lawan JAWI untuk syarikat Kafir Borders yg jual buku LBGT. Dia galakkan Kassim Ahmad Anti-Hadis lawan JAKIM dan Menteri. Umno dan Perkasa hapuskan Melayu macam ni dan penyokong dia macam Din Merican
    __________
    Thanks for your compliments.–Din Merican

  8. We salute your courage and your resolve. May God protect you always.

    Dato Din, pls set up a defence fund to help foot his legal fees. Here is a true Malay gentleman that we should support. Long live Rosli Dahlan!

  9. Even the PM, his boss, and the Sultans for that matter, do not have “absolute immunity”

    Our courts must be mad to give “absolute” immunity to one man. Why would an attorney-general want absolute immunity? Then we might as well give absolute immunity to the auditor-general, the director-generals, and how about the real generals in the army?

  10. Rosli I salute thee. Your are a dogged warrior. also be pragmatic in your fights. Pick battles carefully. Some are better left alone. Do smell the roses otherwise the lust for life might damper.

  11. Saudara Rosli,

    We all support you. As you are the 1st batch Law grad, we know the values that you hold dear. But we are sad Dato Nordin Hassan also your batch is involved in doing Gani Patail’s biddings. How could he betray brothers like you and Dato Ramli Yusuff especially when you both are in the right and he supported those doing wrong. Dato Nordin should remind himself of Amr Ma’ruf Nahi Mungkar. Jangan hanya mengejar pangkat dan kedudukan. Semoga Allah berikan hidayah kepadanya

  12. I used to know Abu Kassim. He is a good man. But this position and power must have changed him. Now that he is the No.1 in MACC, he need not follow Gani Patail’s orders anymore. Gani is toxic and befriending him will only smear your name. See what’s happened to Cecil Abraham. Before he became Gani’s lackey, people respected him. His association with Gani implicates Cecil in PI Bala’s false 2nd SD. I hope the Bar Council will find Cecil guilty and disbar him as he is a disgrace to the legal profession. Isn’t he conflicted to act for Gani in this case since he is on the MACC Oversight Panel who is supposed to ensure senior civil servants do not abuse their powers?

  13. Assalammualaikum,

    I feel sad when I read the post by ISMA. As a muslim, we live by the maxim Amr Ma’ruf Nahi Mungkar . JAWI had acted illegaly by the very law that they were supposed to abide. If Malaysia had practiced Hudud maybe it is legal.
    Pardon me, I am just a layman. However, to ISMA, please do not mix nationalism with religion, it is like oil and water.

  14. a classic David vs Goliath battle. however make me wonder the value of a Tan Sri, with people like these rouge fellows going around with such title. Keep the good fight, Rosli.

  15. Hello my friend. How come your writing style is suddenly different.
    __________________________
    It has not changed. I think it became simpler and less technical since the matter has become a fight between egos.–Din Merican

  16. “….. A-G Gani Patail just does not want to face Rosli in court. That is what guilty people do, they do not want to face their Day of Judgement.”—@Din Merican. But Anwar Ibrahim exhausted the legal means to the full, right up to the Federal Court. This AG nak buat yang sama agaknya……

    “…To the Justices‎ in our courts, I say to you – give the man the justice he deserves and don’t throw technical obstacles to protect these rogues in government. The higher titled they are, the harder you must come down on them….”—@Din Merican. What justice are we talking about? In the courts, it’s all about THE LAW, nothing but THE LAW. TECHNICALITIES about THE LAW are not considered as OBSTACLES. Let’s follow this case without emotions.

  17. Dato,why even bother to post the ISMA comments,those clowns are gone case. But i’m really glad we have people like Mr Rosli who have the heart of courage to fight against the corrupted & evil. May God blessed & protect people like him.

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