Gani Patail, Abu Kassim and Gang told to file defence by July 6, 2015


June 30, 2015

Gani Patail, Abu Kassim and 9 others given another 7 days to file their defence

Musa-Hassan_abu-kasim_gani_patail_ramli_600

 Lawyer Rosli Dahlan has given Attorney-General Tan Sri Abdul Gani Patail, Tan Sri Abu Kassim and 9 others who are facing a suit for abuse of power and malicious prosecution, another week to file their defence despite they having missed the court’s deadline.

Rosli’s lawyer Parvinder Kaur Cheema, said her client only gave the defendants a week, instead of two weeks as requested by Gani’s lawyer Tan Sri Cecil Abraham. “The defendants must now file their defence by July 6 following the extended deadline as agreed by both parties,” she told The Malaysian Insider.

On May 28, High Court judge Vazeer Alam Mydin Meera instructed Gani and the rest of the defendants to file their defence within 30 days so that trial could proceed.The judge had also fixed the next case management on July 29

Parvinder said the deadline for the defendants would have expired yesterday. She said Abraham had made a verbal request that the plaintiffs gave them more time since he and his team were moving to set up their own legal firm.

The Malaysian Insider understands that the senior lawyer, formerly with Zul Rafique & Partners, would begin operating his own legal firm sometime in mid-July with a group of lawyers.

RD

Rosli and former Commercial Crime Investigation Department chief Datuk Ramli Yusuf filed suits in November 2013 against Gani and the rest for, among others, alleged malicious prosecution over corruption charges.The courts have cleared them of the charges.

In a landmark ruling in April last year, Vazeer Alam dismissed the application to strike out Rosli and Ramli’s suit, saying the matter must go to trial. Vazeer Alam had remarked that the A-G, who holds public office, cannot escape suits when they involve allegations of abuse of power.

“I am afraid that the notion of absolute immunity for a public servant, even when mala fide or abuse of power in the exercise of their prosecutorial power is alleged, is anathema to modern day notions of accountability,” Vazeer Alam had said.

Both Rosli and Ramli are now claiming damages to the tune of about RM176 million. Ramli, in his RM128.5 million suit, had also named former Inspector-General of Police Tan Sri Musa Hassan and 10 others for wrongfully bringing two charges against him.

Rosli, in his suit, is claiming more than RM47 million for conspiring to arrest and charge him in court over an alleged failure to declare his assets. Rosli named Gani, Musa and Malaysian Anti-Corruption Commission chief commissioner Tan Sri Abu Kassim Mohamed in their personal capacities.

The lawyer alleged that Gani had a role in the malicious prosecution.On April 1, a three-member Court of Appeal bench, chaired by Datuk Abdul Hamid Sultan, also dismissed the defendants’ appeal to strike out the suit.

The defendants then filed a leave application in the Federal Court on April 28 to appeal against the Court of Appeal ruling. Subsequently the defendants also filed an application to stay the High Court order which directed them (on May 28) to file their defence. However, proceedings in the apex court last week had been adjourned to a date to be fixed.

9 thoughts on “Gani Patail, Abu Kassim and Gang told to file defence by July 6, 2015

  1. I sincerely hope Mr. Rosli Dahlan carries on till the bitter end and there is only a bitter end when dealing with the sycophants of the UMNO Regime. As I said before, these so called civil servants not only act mala fide but do so with the certainty that they are above the law. I have no idea how or why the tide is turning but if Rosli gets justice for himself he will also get justice for the rest of us.

  2. When Defendants keep delaying in filing their Defence, it simply means they don’t have much of a defence.

    It is now more a test of stamina. The Defendants will as expected keep using delaying tactics and the actual trial at first instance may happen years from now and with appeals all the way to the Federal Court, we are looking at a minimum of 10 to 12 years before a final verdict emerges.

    In 10 years time, Malaysia may be a very different country. Some of the combatants may even have died.

    Rosli’s best bet is there is a change of government after GE 14, the Defendants are all out of government service and therefore have neither the public resources and machinery they now enjoy nor enough private finance, (and of course sans Najib’s backing), to sustain a long court battle with ultra expensive lawyers like Cecil Abraham.

    When that happens, the Defendants would offer some form of settlement which exonerates Rosli and pay his court costs and some reasonable damages.

  3. This is a fantastic development. Of course there will be appeals to the highest court by Gani and gang. Finally the kangaroo court will find them not guilty. It’s all a sandiwara.

  4. Its high time this bunch of liars and so-called public civil servants of the highest rank in our beloved Malaysia faced the full force of the law for gross abuse of their positions and power.

  5. If some people can lie in court, produce google maps in ICJ and falsify evidence…. this bunch including Kassim, Gani Petai and Musang Hassan…. will resort to dirty tricks to save their skin…. don’t hold your breath for justice… they will slip away scot-free….

  6. Crooks and bulllies are like that. They abuse their powers. But in one to one fight, they get afraid and try to run away. This MACC Chief Abu Kassim is also full of bills hit, same like PM Najib. NATO. 1MDB so clearly corrupt case, he dare not do anything. Ptui….to you Abu Kassim. I also know Islamic history, your name should be Abu Lahab!

  7. I agree with Mr Chandra.Unless we have a Chief Justice like Justice Bao, all this may be an act to hoodwink us.

  8. “He challenged all of them. He won. His friend had also won in all the charges against him.

    He then decided enough is enough. He was not going to take all the abuses lying down. Lest they would do it again on other people.”

    Art Harun posted these and some other very good points semalam.

    See:

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