April 1, 2015
Why is A-G Gani Patail afraid to go to trial against Rosli Dahlan?
by Din Merican
This morning the Court of Appeal dismissed the appeal by Attorney-General Gani Patail and 10 others against Lawyer Rosli Dahlan. The Court of Appeal found that the A-G’s appeal had no merits. For full reports on this, see various links below:
http://www.bernama.com.my/bernama/v8/ge/newsgeneral.php?id=1122106
Previously, all the major newspapers which were sued by Rosli had either apologised to him or were found liable by the Courts. The New Straits Times and Malaysian Anti-Corruption Commission (MACC) were found guilty for defamation and were ordered to pay RM300,000.
What the lay public may not be aware is that all these appeals by A-G Gani Patail are merely tactical moves called interlocutory applications to stall the trial. In a connected case filed in 2009 where Rosli sued the MACC Chief Commissioner and its officers, the MACC represented by the A-G’s Chambers also avoided going to trial by striking out Rosli’s suit twice. Rosli appealed and the case was restored.
This time around when A-G Gani Patail himself is sued as the first Defendant followed by former IGP Tan Sri Musa Hassan, MACC Chief Commissioner Tan Sri Abu Kassim, Dato Nordin Hassan and Dato Razak Musa (MACC’s Director of Prosecution), A-G Gani Patail did not want to take chances. He did not trust the A-G Chambers to defend him. He did not trust the government’s lawyers to act for him. So, Gani hired an external lawyer. He hired senior lawyer Tan Sri Cecil Abraham.
Tan Sri Cecil is a very expensive lawyer. He is the same lawyer implicated in the PI Bala Statutory 
Declaration case which the Bar Council is taking disciplinary action against. Another senior lawyer that the Bar Council is considering taking disciplinary action against is Tan Sri Shafee Abdullah who prosecuted Anwar Ibrahim’s appeal. It seems that A-G Gani Patail will appoint Shafee for difficult criminal cases and Cecil for difficult civil cases.
We the taxpayers can ask what is the point of having Gani as A-G then? But the more stark observation is why is the A-G, the MACC and the government being represented by lawyers who are the subject of disciplinary issues?
When a government agency like the MACC preaches about integrity, honesty and transparency, should not the government’s advisers and legal representatives also be of unquestionable character? That is an observation that most people have made and I am just voicing it out for our government leadership to ponder.
Coming back to the A-G’s appeal that was dismissed this morning , the news reports also stated that cost of RM25,000 was ordered against the A-G. This seems like a strong rebuke by the Court of Appeal judges against the A-G for hiring an external lawyer to defend him. What taxpayers want to know is how much is Cecil being paid and whether A-G Gani Patail is footing the bill himself or whether the government, meaning us taxpayers, is underwriting the A-G’s legal cost?
If the AG-C had acted for them it would have been free, but I can’t imagine Cecil doing pro bono work for the government. Or is there some tradeoff where Cecil Abraham gets other government legal work at inflated fees. Is that not gratification? The MACC should investigate this.
The news reports also stated that Cecil asked the Court of Appeal to stay the proceedings and change the trial Judge at the High Court. Isn’t that an insult to the judicial system when the A-G himself is suggesting that the judge is not impartial? We see private litigants saying that. But is it appropriate for the A-G to take that stand?
Against the accusation by Cecil Abraham against the trial judge, the Court of Appeal Judges namely Hamid Sultan Abu Backer, George Varghese and Vernon Ong stated almost rebukingly to Cecil that they had subjected the trial judge’s grounds of judgement to an acid test and found it to be reasonable.
I think it is terrible for Cecil to ask for a change of Judge just because the judge had ruled that A-G Gani Patail and other public authorities do not enjoy absolute immunity when they act maliciously against a private citizen. It seems to suggest that A-G Gani Patail will only accept if judges rule in his favor but will not accept when judges rule against him like in this case by Lawyer Rosli. I think the A-G being part of the judicial and legal service is undermining respect for the service by such actions. Not to mention he doesn’t trust the very department that he heads to defend him!
That brings me to the point of this whole exercise by the A-G– why is Gani Patail afraid to go to trial against Lawyer Rosli Dahlan?
When the Sodomy 2 charges were made against Anwar Ibrahim, the governmeny accused Anwar of being afraid to go to trial to prove his innocence just because Anwar filed interlocutory applications. The AG-C and UMNO accused Anwar of delaying tactics and then rationalised that to mean that Anwar is guilty. Such easy deductions.
Thus, by the same logic, can we now say that A-G Gani Patail is filing all these interlocutories because he is afraid to go to trial. And he is afraid to go to trial because he knows that Rosli is telling the truth. That Rosli was innocent all along and was victimized just because he defended Dato Ramli Yusuff. Or is there something more that the A-G is fearful about that will be disclosed in the trial – for example, Rosli’s allegations that Musa Hassan was working with the gambling syndicate or that Gani had consorted with questionable characters like Shahidan Shafee during Haj trips like how former Eusofe Chin went on holiday in New Zealand with VK Linggam?
There may be explosive revelations during the trial beginning April 6 before Judge Su Geok Yam where Rosli has sued the MACC and its officers for conspiracy to injure him. Perhaps A-G Gani Patail is afraid that the conspiracy will be revealed especially since all the newspapers have admitted that they were fed information by sources within MACC. Perhaps that is the reason A-G Gani Patail has engaged Cecil Abraham to block the trial from proceeding. There are just too many possibilities merely because the delaying tactics by A-G Gani Patail is perplexing.
I say to Gani Patail – stop all these tricks! Go to trial and prove your innocence. Don’t hide behind the cloak of immunity. Be a gentleman, fight fair and square. After all what is there to fear? Rosli is just a private lawyer without any political patronage nor any godfather backing him. He has faithfully fought all his legal battles within the system and therefore Gani should face him squarely in court.
I say to all Malaysians let us pray for Rosli that he will get the justice that he deserves. In the face of the might of the whole establishment, he has stood unwaveringly by his faith and he has given us hope by the small victories that he has achieved thus far. The machinations by men cannot overcome the will of God. Man proposes but God disposes. Let us pray for Rosli on April 6 until the conclusion of his trial
Din Merican: the Malaysian DJ Blogger 
Datuk
I am with you in praying that Rosli will secure the justice that he fully deserves. And let the divine punishment be forthcoming and shamed them so that others in the corridors of power and authority will think twice before committing such heinous crimes again!
“When the Sodomy 2 charges were made against Anwar Ibrahim, the governmeny accused Anwar of being afraid to go to trial to prove his innocence just because Anwar filed interlocutory applications. The AG-C and UMNO accused Anwar of delaying tactics and then rationalised that to mean that Anwar is guilty. Such easy deductions.”—–@Din Merican
The Accused/Defence seems to behave in like manner when placed in the similar situations – it’s a natural reaction. OK, as in the quotation above, Anwar was finally judged as guilty & convicted and duly sentenced. Will the logic & trends work out that way too for the AG & Group’s case under discussion??? Interesting to watch.
I think some judges are finally fighting back?
Lawyer Rosli has our prayers.
Amid the 1MDB lull, the country is running on autopilot, the right hand doesn’t know what the left hand is doing. The IGP’s priority is monitoring citizens’ twits and AG’s Chambers is outsourcing its work. Prices of goods and services are skyrocketing and Langkawi MP tells people to go live on the moon where there’s no GST. Having just hosted a great non wasatiyyah wedding, PM Najib keeps mum on hudud but says GST is halal. Now that solves all the problems, doesn’t it?
AG Gani is fending for himself but who’s footing the bill? My guess is that it’s going to be the GST earth dwellers.
Tattoo says “Da Plane, Da Plane!”
Ditto.
Wayne, I like the question mark at the end of your sentence: “I think some Judges are finally fighting back?” We can never be sure. It always pays to be cautious than to be foolhardy when dealing with the byzantine labyrinths, that artificer constructed to confuse we mere mortals.
Yes, Pak Din, my friend, I agree with you. It’s time to dispense with such time-consuming and resource-wasting games.
I am sure that truth will out. It is a question of time.
P.S. I tried to contact you by phone but cannot get through. Have you changed your number? Can you please SMS your phone number to 016 4837 123. Thanks, Abang.
Rosli Dahlan and his attorney will tear the AG to shreds and probably the trial will expose the educational achievement or lack of resulting in the AG losing not only the case but his future as an attorney. Going to trial means that the AG will be under oath to swear to tell the truth and nothing but the truth. He will be asked to reveal who his handlers are and how decision to prosecute were determined and in one swoop bring the whole house down. He probably be asked about the allegation of him bonking his junior officers etc etc.
Let’s sack Gani Patail and send him back to Sabah. Or best, ask Singapore to take him in for helping the island state to win their land dispute case.
By the way who is paying the court cost the apex court slammed on Gani. If it is the government then we should demand the money be deducted from his current pay to ensure that he will play the same again.
Reblogged this on ycpok and commented:
Congratulations to Rosli Dahlan.
Every battle won is one for the masses. Its stil a long way to real justice but every bit helps..
Terima kasih compile the links to this story. This gives hope there is something right in our country. I agree we make prayers for Lawyer Rosli. May Allah grant him victory against these wrongdoers. Ameen
Indeed, why is AG outsourcing all his legal work? Is that why these two lawyers Cecil and Shafee are so rich from government work? Cecil is suppose to be on MACC Overview panel which means he is suppose to check on the MACC and not act or cover up for them. This is conflict of interest. Bank Negara Malaysia will not allow a lawyer’s firm to get work if a partner of the firm is on the board of the bank. Same rule should apply. PAC should investigate this. The country is in shambles because of such dishonesty.
Lawyer Rosli, fighting the corrupted system with unwavering spirit, will always have us Malaysian rakyat’s prayer and blessing. Too many corrupted and evil doings of those that walk in the corridor of power are making the ordinaly (without political power) rakyat suffer, and I pray for God’s retribution to fall upon them.
I still think the AG needs to answer to allegations on the cost of renovation allegedly paid by a contractor for a bungalow in Seremban II which was owned by his junior in the AG Chambers whom he was also alleged to be bonking her…. plus the allegation of going on a haj booked and paid by someone linked to MAS airline scandal….
GST is halal.
But using it to buy jet planes, and refurbish them for millions, and go on shopping and holiday trips with your consort, and bribe, and take care of your cronies is not. That is called stealing.
Gosh! The country is in such shambles. And responsible for some of the disasterous situation are the Attorney General, the Inspector Geeral of Police, the head of MACC, UMNO Baru newspapers, UMNO Baru sidekicks Perkasa, ISMA and Ridhuan Tee etc. Not included of cos are politicians: Home Minister and his support for the character of an international gambling kingpin, the Tourism Minister for branding those who commented on Hudud as stupid, the foot-in-the-mouth minister who called for boycott of Chinese traders, and the list is endless.
Yet in such a situation we have an elegantly silent prime minister. BTW do we HAVE a prime minister? Ah, yes, he is either playing golf, running around attending conferences overseas or giving away F1 trophies. Has he paid heed to what his predecessor has been clamouring about for some time now? Obviously not.
And today the PM’s one-time staunch supporter has opened up again firing on all cylinders. Tun Dr M has again urged PM Najib to step down as the veteran beleievs BN will lose GE14 under the latter’s leadership. Dr M cites a host of reasons why the people have lost faith in DS Najib’s stewardship of the country and among the reasons: murder of the Mongolian, 1MDB, revelation by convicted murderer Sirul that he was only acting under orders to kill, huge investments in New York by DS Najib’s stepson, etc.
While we hold the PM directly responsible for answers for all of the above, Tun Dr M too must accept that the rot in the Government and all its institutions set in during the 22 years he helmed the stewardship of the country. After all isn’t there a saying “The buck stops with the leader”? Or that “The rot starts at the head”?
Sadly, UMNO Baru and its coalition partners just do not want to accept that BN’s days as the Government are numbered. And the reason? Absolute arrogance of power.
Two points:
A scumbag is a scumbag no matter what his so-called seniority or what title he acquired on a quid pro quo basis.
This, coming together with the latest broadside from Mahathir who’s finally asking questions about who ordered the Altantuya killing means the high living lowlife who have hitherto slept well may soon start having nightmares.
Quote:- “Indeed, why is AG outsourcing all his legal work?”
Good question.
The AG’s Chambers is the largest law firm in the country with, if I am not mistaken, at least a few hundred lawyers?
But still need to outsource which means our government paying commercial rate to private practice lawyers to do what are essentially government public work?
“Why is A-G Gani Patail afraid to go to trial against Rosli Dahlan?”
Dato’,
Yes indeed.
Let us all hope & pray that the Almighty continue to bless & protect our iconic Legal Champion for Justice & the Rule of Law, Rosli Dahlan..
Just to share this about his brother who is more qualified with the Rule of law …
The Honourable Datuk Abdul Wahab bin Patail PGDK –
“…Take the question of recusal or disqualification of judges for perceived or actual bias.
The question has not always received a consistent answer.
In PP v Mohamed Ezam Mohd Nor [2001] 8 CLJ 558, – Abdul Wahab Patail J recused himself because His Lordship’s brother was the head of prosecution and signed the charge against the accused.
Public perception was important here, although the learned Judge said that as a matter of fact, His Lordship would not be biased….”
July 27, 2012 – “…Justice Datuk Abdul Wahab Patail, who chaired a three-member panel, held that the book was not prejudicial to public order.
“The former home minister’s satisfaction that the book was prejudicial to public order, in absence of any clear evidence of any prejudicial events occurring, was in outrageous defiance of logic, and falls squarely within the realm of unreasonableness and irrationality,” said Abdul Wahab.
He said High Court judge Mohamad Ariff Md Yusof confined himself properly to his duty in the judicial review brought by SIS Forum, and the judge was correct in finding objectively that the book was not prejudicial to public order.
In dismissing the appeal brought by former home minister Tan Sri Syed Hamid Albar against the High Court’s decision to lift the ban on the book, Abdul Wahab said whether or not the book was against the Islamic Advancement Department’s (Jakim) guideline, was irrelevant to whether the book was prejudicial to public order.
Abdul Wahab said it was the duty of the court to interfere if a decision maker misdirected himself in law, or had taken into consideration irrelevant facts, or did not consider relevant facts.
He said the court must see if there was an abuse or misuse of administrative discretion, whether the discretion was used for the purpose it was given and whether it was fairly and justly exercised.
The unanimous decision was made by the panel comprising Abdul Wahab, Court of Appeal judge Datuk Clement Allan Skinner and High Court judge Mah Weng Kwai.
However, the decision was pronounced by Abdul Wahab in the absence of Skinner who is away in Kota Kinabalu to attend another hearing there.
The court ordered Syed Hamid (i.e the government) to pay RM20,000 in legal costs.
Syed Hamid was named respondent in the judicial review application brought by SIS Forum, which challenged his order to ban the book.
The pronouncement of the decision was delayed for about three hours.
Before delivering his decision, Abdul Wahab apologised for the delay, saying he had to e-mail his judgment to Skinner, who later concurred with the decision.
The Home Ministry banned the book on July 31, 2008.”
http://www.malaysia-today.net/judge-ban-on-sis-book-outrageous-irrational/
“…Another senior judge who’s still in the Court of Appeal is Justice Datuk Abdul Wahab Patail.
Depending on whom you speak too, the fact that his brother is Attorney General Tan Sri Abdul Gani Patail may be a plus or negative for his career.”
http://www.thestar.com.my/News/Nation/2013/09/30/federal-court-court-of-appeal-bar-council-judges/
080514 Wahab Patail,- http://weechookeong.com/2014/05/08/now-everyone-can-claim-for-damages-for-mistreatment-by-airasia/#more-14499
2 April 2015 The Honourable Datuk Abdul Wahab bin Patail PGDK – http://www.kehakiman.gov.my/en/node/448
If we were to calculate & add up the total cost of lost time & taxpayers funds expended, it would amount to Billions lost…because of one man’s ego hoping for a Tunship…?
You be the judge,
“I say to Gani Patail – stop all these tricks! Go to trial and prove your innocence. Don’t hide behind the cloak of immunity. Be a gentleman, fight fair and square. ”
Harry didn’t fight fair. In fact he was proud of the fact. I wonder if people would even care about Mr. Rosli Dahlan who over the years has shown immense character if this Regime was successful as the one in Singapore. There were (are) many Rosli Dahlans in the Republic as there here and none of them will get (got) a fair fight.
A man fighting alone against a whole establishment deserves admiration. Whether he succeeds is another matter. Such strength in character while also fighting for other oppressed citizens like the Borders manager and scholar Kassim Ahmad without fearing backlash from the religious authorities illustrates true moral character. We pray for you Rosli Dahlan. May victory be with you always.
Why support this man? He is subversive. He fights government, he fights SPRM, he fights AG. Only foreigner behaved like that. Send him back . Don’t deserve be in this country tak taat setia
AntiRD,
People like you deserve the government you are getting now, one that is inept, incompetent and incorrigibly corrupt. By the way, Lawyer Rosli is a Malaysian and his rights are protected by our constitution.
I too criticise the government and its intruments of power. I do that because at 75 years old I have seen better times, good governments and great institutions in this country. I believe that we can be even better if the present government truly serves the rakyat. If that makes me “tak taat setia”, so be it.
“Saya setia kepada Raja, Bangsa dan Agama”, and I uphold the Rukunegara. I believe in equal rights and opportunities for all Malaysians. More importantly I believe in competition since it strengthens the individual. I support our constitution and Rule of Law, not Rule by Man. That is why I write about and support Ramli Yusuff, Rosli Dahlan, Nik Raina, Kassim Ahmad, Zunar, Hishamuddin Rais, and others who are victims of abuse of power and injustice. Most of all I believe in Malaysia for all Malaysians.–Din Merican
Din Merican,
You are biased. For your personal reason you support this man whose name I even despise to say, why? I believe he bribed you to wrote about him. You make him like Malaikat which many know he is not. He the real devil advocate incarmate fighting Jabatan Agama for anti-Hadis Kassim Ahmad and seller of LBGT book Nik Raina. People like him must be pancung when we have hudud. Takbir!
I support Datuk Din Merican. This antiRD has poison in his heart that he cannot see the virtues that Rosli Dahlan has done. We must pray for good men like him. He is an upright lawyer doing good without seeking any popularity. But he should seek public office with all the ideals and competency that he display. My church group pray for this man and all good Muslims should too.
antiRD,
I sincerely hope your words encourage a thousands Rosli Dahlans to awaken in Malaysia and engage tyrannical adherents like you, wherever you may reside be it in the corridors of power or in the halls of religion.
antiRD,
I pray that you face the same situation as Rosli and Ramli and then beg the public for support. Please don’t insult Islam with your IBLIS heart.