Kassim Ahmad: Stay Granted vs JAWI!


January 14, 2015

Newsflash: Breaking News

Kassim Ahmad: Stay Granted vs JAWI!

by Din Merican

Last week January 6, 2015, Public Intellectual Kassim Ahmad was devastated that Judge Asmabi dismissed his Judicial Review application despite seeing all the illegalities committed by JAWI in breaching their own laws, the laws of other states and the Federal Constitution just to arrest Kassim Ahmad and abduct him to Kuala Lumpur.

On January 8, 2015, Kassim’s lawyer Rosli Dahlan filed his appeal to the Court of Appeal. On January 9 the lawyer filed a Stay Application to hold back the syariah prosecution from proceeding. On January 10, Judge Asmabi Mohamed heard arguments from Rosli Dahlan and Senior Federal Counsel Shamsol Bolhassan. Judge Asmabi orderd the court’s doors to be locked and declared the open court as her chambers. Reporters were barred from coming in.

Rosli further argued that the warrant of arrest issued by the Putrajaya Syariah subordinate court was in breach of the Federal Territory Syariah Criminal Procedure Code (FT Syariah CPC) and Kedah Syariah Enactments. Kassim, argued Rosli, was wrongfully charged before the Syariah subordinate court and hence the charges were also illegal.

Rosli  argued that the warrant of arrest issued by the Putrajaya Syariah subordinate court was in breach of the Federal Territory Syariah Criminal Procedure Code (FT Syariah CPC) and Kedah Syariah Enactments.Kassim was wrongfully charged before the Syariah subordinate court and hence the charges were also illegal.

Judge Asmabi also fixed clarification and decision to this morning January 14. However, this morning was also fixed for the Syariah Trial. The Syariah prosecutors refused to back down. They disregarded Rosli’s request for postponement. They insisted that he must come. But Rosli can’t be in two courts at the same‎ time, one in Jalan Duta and the other in Putrajaya.

Rosli laid down these facts to Judge Asmabi including the fact that JAWI instituted disciplinary action against Rosli for acting for Kassim in filing the Judicial Review. They wanted to disqualify him from ever appearing in the Syariah Court. They wanted to make sure that they do not have an opponent like him ever again.

Finally the Judge saw how oppressive JAWI can be.‎ Finally something pricked the Judge’s conscience after Rosli showed all the facts and the law that are all in Kassim’s favor and there was just no reason for the Judge to still rule against Kassim. Finally, Rosli’s perseverance paid off. And it helped that this morning reporters were in court to hear further arguments from Rosli and SFC Maisarah which clearly showed that the facts and the law were all in Kassim’s favor. Rosli was unmincing in his words in pointing out that the Federal Counsel had misled the court in the cases cited.

Just now at 12.30, Judge As‎mabi relented. She held that the civil High Court can stay JAWI and the Ketua Pendakwa Syarie from proceeding with the Syariah Prosecution in the Syariah Court. ‎Rosli thanked the Judge profusely and then ran off to go to the Syariah Court in Putrajaya. What drama!

Congrats to Kassim Ahmad. Congrats to Rosli Dahlan. And shame on you JAWI and the Ketua Pendakwa Syarie for acting in such oppressive way. In the end, that became JAWI’s undoing. In the end, the Judge had to look into her conscience and decided enough is enough. Kudos to Judge ‎Asmabi.

Much as the Judge did wrong in not granting the Judicial Review, she still had judicial wisdom and conscience not to perpetrate an injustice. Kassim Ahmad is 82 yrs old, frail and sickly. What good does JAWI achieve in doing all these? In the end, JAWI will only earn public displeasure and disapproval.

To Kassim and his lawyer, I say well done. I say your fighting spirit will help develop a more robust law. Your fighting spirit will inspire younger people that the history of Man has shown that you cannot imprison the mind.

That is what democracy is about. That is what the Rukun Negara states that Malaysia shall be a democratic society where pluralism of cultures and beliefs are embraced and liberal ideas shall flourish. Judges must therefore uphold the philosophy of the country and the Federal Constitution!. Hidup Malaysia!

READ: http://www.themalaysianinsider.com/malaysia/article/jawi-barred-from-acting-against-kassim-ahmad-rules-court-bernama

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/

Rosli Dahlan wins Appeal against NST and MACC


September 17, 2014

Rosli Dahlan wins Appeal against NST and MACC

By Din Merican

rosli-dahlan2Unknown to many, this morning, the Court of Appeal presided by JCAs Clinton Albert, Hameed Sultan and Nalini Pathmanaban today heard NST’s appeal vs the High Court Judgment of Judge Siti Khadijah Badjenid which held NST and MACC liable for defamation vs Lawyer Rosli Dahlan and ordered NST and MACC to pay RM150, 000.00 each to Rosli (total RM300,000.00). The counsel for NST was Harjinder Kaur and counsel for Rosli was Chetan Jethwani and Parvinder Kaur.

The High Court had found that The NST and MACC had authored and published false news about Rosli by reporting that he was investigated and charged for hiding the assets of Dato Ramli Yusuff which they had dubbed as the RM27million Cop story.

Previously, Utusan Malaysia and The Star newspapers had published public apologies and paid damages to Rosli for publishing similar false stories.. Yet, The NST refused to apologise to Rosli. The NST’s misconduct was further aggravated by the fact that the NST’s reporter, V Anbalaga, had claimed that he had obtained the information from the MACC who wanted the news to be leaked, whereas during the trial the MACC denied leaking any information. Judge Khadijah had found that the MACC had breached s.21(4) of the ACA Act by leaking confidential investigation information.

What was comical about the whole thing was that the MACC even republished the NST article on its website and later claimed that the MACC Publication Unit did not know about the case but just adopted the false NST story. During the trial witnesses for NST and MACC blamed each other just to avoid liability. That is how these liars behaved when they are caught lying!

During the hearing this morning, the Court of Appeal Judges asked why the MACC did not appeal if they did not do any wrong to Rosli and if the story that was published on the MACC website was true. They also questioned NST’s lack of remorse by appealing when MACC did not appeal.

Judge Hamid Sultan asked why the NST started and popularised the RM27milion story when the charge against Rosli and Dato Ramli did not mention any amount at all. Judge Hamid Sultan also said there was no basis for stating that amount or that story which was false and indicated malice on the part of the NST- “News cannot add on untrue stories,embellished it to be a fairy tale. Only real news enjoy any privilege.”

Judge Linton Albert said- “The Sting of the Defamation is that you stated he hid RM27milion or that he was charged for RM27milion when that was totally untrue!” When Court resumed at 12.50pm, the Chairman of the Panel dismissed NST appeal and ordered NST to pay cost of RM20,000.00 to Rosli Dahlan.

Kassim Ahmad: The Malay Art of Pleading


June 18, 2014

​​​Kassim Ahmad: The Malay Art of Pleading

by Din Merican in Hsinchu, Taiwan

image

I read with amusement of the things that are happening in Malaysia. It is almost in a state of confusion, with state agencies like MAIS and JAIS showing blatant disregard to the advice by the country’ top most government lawyer – Attorney-General Gani Patail. I think the A-G is right on this occasion. On the other hand, the disrespect shown to the A-G’s advice and office simply shows that government agencies themselves have no confidence in Gani Patail as A-G. Gani Patal is too tainted, too scandalous and has become a liability to the administration of Prime Minister Dato’ Seri Najib Razak. Thus, the honorable thing for Gani Patail to do is to step down ,or be sacked.

At the same time, I am following with great interest that Malay public intellectual- scholar Kassim Ahmad hasRosli-Dahlan brought his fight right to the feet of PM Najib Razak, Chief Minister Kedah, Mukhriz Mahathir and JAWI Minister Brig-Gen Dat Seri Jamil Khir Baharom. Kassim is clearly sending a signal to Brig- Gen Jamil Khir that he is not afraid of the tactics of intimidation by JAWI.

What is more interesting is that Kassim is doing it in the most polite Malay way. Kassim instructed his lawyers to send an appeal letter to the PM. I have just read the Malay letter. It is a masterpiece. Without disrespect to Kassim’s lawyer, I think Kassim must have authored the letter himself. Let us not forget that Kassim is a Malay scholar and literary figure.

Kassim was also formerly the President of Partai Sosialis Rakyat Malaysia which means he understands the concept of federalism and some aspects of the law. Thus, JAWI has just awoken a sleeping lion. Kassim may be an old man of 81 years, but this is an old man with a fighting spirit. This is an old man well versed in the Malay art of pencak silat.

Now read the letter:

image

Read :here and HERE for articles on the Kassim Ahmad story by http://www.freemalaysia.com

Rosli Dahlan: an emerging human rights and civil liberties lawyer


May 19, 2013

MY COMMENT: I  was attracted by RPK’s lastest article (May 18, 2014) on laywer Rosli Dahlan for several reasons. Foremost is that I have always believed that Rosli should take on some public role. RPK suggests that he should lead the Malaysian Civil Liberties Movement. I couldn’t agree more.

Rosli-DahlanI know he is too modest to do anything for public fame. I know he does not feel that a person charged by the MACC should take on any public role. I know he has no political ambitions. But he must. It is no longer about him.

It is about the bigger cause for Malaysia. He has the knowledge, the experience and more importantly the moral compass to do the right thing. I have seen him throughout his criminal trial He was always calm, reflective, and collected with an abiding faith in justice.

I have seen him in action when he took on the mainstream media, the MACC and the Goverment in his civil suits. He won all them all. Lately, he sued A-G Gani Patail, former IGP Musa Hassan and several other big guns, calling them “Rogues in Government”.

Rosli has that quiet resolve to see things to the end. He is incorruptible. He does not crave for power nor wealth. He is not easily intimidated. In other words, he is beholden to no one except his deep personal piety to God which he does not shout about like PERKASA or ISMA.

He identifies with the common man in the street, understands their plight and fights for such causes with tenacity.  That is the kind of person that the MCLM needs to lead it. And for that, I join RPK in asking Rosli that he should show his patriotism by fighting for the rights of the oppressed Malaysian.

By the way, RPK also failed to mention one important case that Rosli handles. If I am not mistaken, its the UAE Sdn Bhd vs JAIS and MAIS ( read here )where these religious authorities tried to use the Land Acquisition Act to seize a 26 acre land owned by a chinese company on the pretext of building a 26 acre mosque.

I recalled asking Rosli why he would represent a Chinese company against the State Islamic Religious Authority which wants land to build a mosque for God. His answer was a curt : “Why Not?” Then he said “You can’t use religion or God’s name to rob someone of his land. God forbid!”.  There you have it.

So read on the following RPK article on the emergence of a civil rights lawyer, my friend Rosli Dahlan.–Din Merican

Rosli Dahlan: an emerging human rights and civil liberties lawyer

by Raja Petra Kamaruddin (May 18, 2014)

I would suggest that Rosli set up a special fund to fight these violation of human rights and civil liberties cases. He may be prepared to work free-of-charge for the sake of justice, human rights and civil liberties. However, I still feel a special fund should be set up.

THE CORRIDORS OF POWERimage

In November 2013, Rosli Dahlan filed a suit against A-G Abdul Gani Patail, former IGP Musa Hassan, and Malaysian Anti-Corruption Commission (MACC) Chief Abu Kassim Mohamed in their personal capacity. Rosli also named MACC prosecution head, Abdul Razak Musa, its former prosecution head, Nordin Hassan, and Razak’s deputy, Anthony Kevin Morais, the MACC, the Malaysian Police, and the Malaysian government, as among the 11 defendants.

So there you have it. Rosli is practically taking on the entire Malaysian government for his arrest and assault and the lies they spread about his so-called ‘corruption’. Now that all the lies have been proven just that, lies, he is going to nail their balls to the wall and hang them by their dicks.

Further to that, Rosli sued the government-owned mainstream newspapers — Utusan Malaysia, NST, and The Star. You can read more about that story below.

For almost seven years, Rosli has been battling the government for what they did to him. And his only ‘crime’ was that he represented the number three in the Malaysian police force against the false allegation of corruption. The government had alleged that this police officer was corrupt and had accumulated assets worth RM27 million.

The MACC, however, did not charge this Police Officer for corruption. They eventually charged him for non-declaration of assets. And it was not for RM27 million but for a much lower figure. Rosli then represented this police officer and managed to prove that the police officer had, in fact, declared his assets, contrary to what the MACC alleged.

But why were they so bent on ‘getting’ this Police Officer, even if under fabricated criminal charges if necessary? Well, the answer is very simple. This Police officer investigated the abuse of power and corruption in Malaysia’s national airlines, MAS.

This  corruption went all the way to the top and involved those who walk in the corridors of power. And this resulted in MAS losing billions. And this, of course, has now been proven and even Prime Minister Najib Tun Razak said this week that the only option left for MAS is to go bankrupt.

Anyway, this Police officer then sent the previous Prime Minister a letter suggesting that these criminals be prosecuted for their wrongdoings. And this was when they decided to get him. And when Rosli acted as this police officer’s lawyer they decided to get him as well. And now they are paying for the wrath of this lawyer who will take no shit from anyone and will fight back, never mind whomsoever he has to take on and what they will do to him for being so bold as to take on the Malaysian government.

Rosli is also Kassim Ahmad’s lawyer. You can read more regarding that matter here:

Former activist Kassim Ahmad charged with insulting Islam

Dr Mahathir: Kassim Ahmad’s arrest wrongly portrays Islam as ‘hard and unmerciful’

Kassim Ahmad: The hero we don’t deserve! 

Rosli is also acting for Marina Mahathir in her case against ISMA and you can read about that case here:

Marina Mahathir sues Muslim NGO over Comango allegations

Further to that, Rosli is acting for Borders regarding its conflict with the Federal Territories Religious Department (JAWI), which you can read here:

After book ban lifted, lawyer pushes to get Borders’ employee off the hook

Borders manager to face syariah charge

Court says raid on Borders bookstore, seizure of Irshad Manji’s books illegal

Yes, Rosli takes on all the cases that no other lawyer will touch with a ten-foot pole and all which involve human rights and civil liberties violations. In fact, as if this is not enough, Rosli is even taking on cases that involve legal action against UMNO Ministers and Rulers.

Because of this Rosli has received threatening phone calls from people who curseKassim and Rosli and vilify him. They do not want him to represent people or organisations like Borders, Kassim Ahmad and Marina Mahathir who have ‘insulted’ or ‘challenged’ Islam.

What about your right to legal council and your right to a fair trial? Well, these people feel that anyone who ‘insults’ Islam should not be allowed a fair trial. Anyone who ‘insults Islam’ should just be rounded up and punished and not be allowed legal representation in a fair trial.

One such person who whacked Rosli is a very wealthy Malay who was Anwar Ibrahim’s treasurer during Anwar’s UMNO days and who made tons of money when Anwar was the Finance Minister and Deputy Prime Minister. Yes, this is a man who became a multi-millionaire by abusing his power and by exploiting his relationship with Anwar. He is angry with Rosli for giving these people a fair trial for the crime of ‘insulting Islam’.

What does ‘insulting Islam’ mean anyway? I don’t know but apparently these people do.

Anyway, these are the cases that Rosli takes on and most times pro bono as well. This means Rosli is doing all this work free-of-charge and for the sake of justice, human rights and civil liberties.

I would suggest that Rosli set up a special fund to fight these violation of human rights and civil liberties cases. He may be prepared to work free-of-charge for the sake of justice, human rights and civil liberties. However, I still feel a special fund should be set up.

It is not so much the money that is the issue. It is more that we want to demonstrate our support to the cause. We talk so much about justice, human rights and civil liberties but we never lift a finger to help. We let others do all the work while we sit comfortably in our homes and just watch and do nothing.

If we can raise RM100,000 or RM500,000 or RM1 million that would be a very strong message we send to those who hide behind Islam and deny Malaysians justice, human rights and civil liberties. Why should we allow them to decide what we can and cannot say and do or what books should be allowed and which should be banned (even if they are Malay language Bibles that use Allah)?

I also think Rosli should set up a civil liberties movement or get involved in one of the existing civil liberties movements and take on more legal cases that violate our human rights and civil liberties. It is time Malaysians fought back and not allow extremists like Perkasa, Isma, and so on, to bring Malaysia to the brink of racial and religious strife.

I, for one, promise that if Rosli takes on this challenge I will be the first to contribute some money to the fund and I will bring these cases to the international stage through organisations like the Human Rights Watch in London.

So how, Rosli, are you up to this challenge?

************************************************

(The Malaysian Insider, 18 October 2013) – The senior lawyer who won a defamation suit against an English daily and the anti-graft body said today’s court decision has vindicated him.

Rosli Dahlan, who sued the New Straits Times (NST) and the Malaysian Anti-Corruption Commission (MACC) for defaming him in the “RM27 million Copgate Affair” in 2007, said although he was happy with the decision, he felt the defendants were not punished enough as they had shown no remorse.

“I am happy. The decision, to an extent, has vindicated me. But they should have been more severely punished as they have not shown any remorse at all,” he told The Malaysian Insider today.

“They knew my role in the case was merely as a lawyer but they still linked me to it.”

He said his win today was believed to be the first of its kind against the MACC where the anti-graft body was found liable to have defamed an individual.

This morning, the High Court in Kuala Lumpur ruled in Rosli’s favour and ordered NST and the commission to pay RM150,000 each for defaming him in the Copgate Affair which saw former Commercial Crimes Investigation Department director Datuk Ramli Yusuff being charged in court and later acquitted for failure to declare ownership of company shares and interest in two properties.

Rosli, who acted as Ramli’s lawyer, was also charged and acquitted by the Sessions Court in Kuala Lumpur in 2011 for non-disclosure of his assets, which were said to be linked to Ramli’s case.

The MACC filed an appeal against the acquittal at the High Court in Kuala Lumpur, but later withdrew it.

Rosli subsequently filed the defamation suit.

In her judgment this morning, Judicial Commissioner Siti Khadijah Badjenid said the article carried in NST was not only defamatory but also false.The sting of defamation, she said, was calculated to generate sensationalism.

While NST’s report had quoted MACC sources, the anti-graft body had denied leaking any information to the media.

But because MACC had uploaded the NST’s article on its website, the judge also found the commission liable.

“The MACC had breached Section 21(4) of the Anti-Corruption Agency Act in releasing confidential investigation to the media,” said Siti Khadijah.

“This had affected Rosli’s reputation, as he is also a lawyer from a reputed legal firm.”

She also ordered both NST and the MACC to pay RM35,000 each in costs. Rosli had earlier also slapped The Star and Utusan Malaysia with legal suits but both dailies have apologised for defaming him in 2007.

Today, he told The Malaysian Insider: “I could never understand why NST refused to apologise like Utusan and The Star. They knew the story was false.Both NST and MACC are liars. And when they were caught lying, they just blamed each other.”

Rosli was arrested in 2007 and charged in court a day before the Hari Raya celebrations while Ramli was charged a month later.

http://www.malaysia-today.net/rosli-dahlan-an-emerging-human-rights-and-civil-liberties-lawyer/

A-G Gani Patail is not above the Law


April 11, 2014

A-G Gani Patail loses to Rosli Dahlan: NO ONE IS ABOVE THE LAW

by Din Merican

mh370-hishammuddinWilliam Pesek, a prominent Bloomberg columnist, wrote recently that the global outcry over the loss of flight MH370 has highlighted the country’s deepest flaws of incompetent people running the country.

The Fumbling Team of MH370

“The fumbling exposed an elite that’s never really had to face questioning from its people, never mind the rest of the world. The country needs nothing less than a political revolution,” said Pesek. And I agree. Nothing will change until the present political elite is made to pay for their ineptitude, incompetence and crooked ways by Malaysian voters.

At the international level, our political leaders will have to take the blame. At the national level, we are facing a crisis of our public institutions being headed by not just mediocre and incompetent people but also characters who are downright dishonest and who abuse the system with impunity– the rogues in government.

Rosli Dahlan wins against A-G Patail

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

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

That brings me to the news reports of this morning that my young friend, Lawyer Rosli Dahlan, has again won another case against A-G Gani Patail. For my readers’ convenience I have reproduced only the MKini report by Hafiz Yatim (below) that provides interesting links on this story that never ceases to inspire me.

Back in Time–To the Eve of Hari Raya (Aidil Fitr), 2007

It’s a sad story of how on the eve of Hari Raya 2007, Lawyer Rosli Dahlan (right) wasR Dahlan brutally arrested in his office in full view of his staff by the ACA (now MACC). He was then charged in a most sensational manner to deceive the public into believing that Rosli had hidden illegitimate assets belonging to the Director of Commercial Crimes, Dato Ramli Yusuff, in another sensational story fanned by the media dubbed as the “The RM 27 million Cop”.

All this was part of a conspiracy to eliminate Dato Ramli from the PDRM as Dato Ramli posed a threat to then IGP Musa Hassan and A-G Gani Patail. Rosli was made a victim because he dared to defend Dato Ramli despite warnings having been sent to him. Since then, Musa‘s former ADC had sworn a Statutory Declaration to expose IGP Musa Hassan’s links with the underworld.

A lot more was also disclosed about A-G Gani Patail’s association with shady corporate figures like the one in the Ho Hup Affair. The Internet was also abuzz with stories about how A-G Gani Patail went to Haj and had his son to share a room with a shady former Police Inspector who was once charged for corruption, Shahidan Shafie, a proxy of former MAS Chairman Tan Sri Tajudin Ramli.

Tajuddin Ramli and the MAS saga was among the many failures of Dr Mahathir’s Bumiputra corporate advancement project which culminated with MH370 disaster. The latest episode could sink MAS without tax-payers bailout forthcoming .

Tajuddin Ramli and the MAS saga was among the many failures of Dr Mahathir’s Bumiputra corporate advancement project which culminated with MH370 disaster. The latest episode could sink MAS without tax-payers bailout forthcoming .

That explains why A-G Gani never charged Tajudin Ramli for the losses of RM 8 billion that MAS suffered despite recommendations by Dato Ramli Yusuff. Dato Mat Zain Ibrahim, former KL OCCI also swore SDs about A-G Gani Patail throwing away the Batu Putih case for pecuniary gains.

Ramli YusuffYet Gani Patail remains as the A-G of Malaysia, leading many to speculate that he has a grip on PM Najib Razak because of Razak Baginda’s acquittal in the murder of the Mongolian beauty, Altantuya Shariibu. In that case, the A-G did not appeal against Razak Baginda’s acquittal.

On the other hand, the A-G has pursued criminal appeals against certain people like Lawyer Rosli Dahlan and Dato Ramli Yusuff (left). In the PKFZ case, A-G Gani Patail charged and appealed against the acquittal of Tun Ling Liong Sik which led to Tun Lingcalling him – “ That Stupid Fella”.

Back to Rosli’s case. Lawyer Rosli, he has fought a long and lonely battle, winning his acquittal and then suing every one of the mainstream media for defaming him – Utusan Malaysia, The Star and the NST, and winning against them one by one very patiently.

On April 15, 2008, Utusan Malaysia published a public apology admitting their wrongdoings and acknowledged that the Utusan Malaysia’s article “was written and published in a sensational manner to generate publicity which exceeded the parameters of ethical journalism surrounding the investigation of YDH Dato’ Pahlawan Haji Ramli Haji Yusuf who at that time held the post of Director of the Commercial Crime Investigation Department of Police DiRaja Malaysia.”

Utusan's Apology

On January 15, 2013, the Star paid damages and admitted to its wrongdoings in a published public apology.

The Star's Apology

On October 18, 2013, the KL High Court found the NST and the MACC guilty of defaming Rosli and ordered them to pay damages of RM 300,000 and costs. This made history as it was the first time that the MACC was sued by a person and the MACC lost and had to pay damages.

Last year Rosli sued A-G Gani Patail, MACC Chief Commissioner Tan Sri Abu Kassim and several other MACC officers for conspiracy, false and malicious investigation, abuse of power, abuse of prosecutorial discretion, malicious prosecution, prosecutorial misconduct and public misfeasance.

Read the MKini report below and you will discover that A-G Gani Patail had engaged Tan Sri Cecil Abraham , a senior private lawyer from Messrs ZulRafique & Partners (an UMNO law firm) to defend him, the A-G Chambers (A-GC) and the MACC.

I find that surprising since I am told that the A-GC has over 800 lawyers, making the A-GC the “largest law firm” in the country. By contrast, I am told that the largest private law firm in the country has a maximum of 140 lawyers.

 Putrajaya needs to review its policies as it can't afford to spend taxpayers' money on the AG's own legal problem.


Putrajaya needs to review its policies as it can’t afford to spend taxpayers’ money on the AG’s own legal problem.

That means the Government of Malaysia spends millions of ringgit to staff the A-GC in order to defend the government. Yet when the Government is sued, A-G Gani Patail engages private lawyers. Does that makes sense to you?

Is A-G Gani Patail admitting that he is not confident of the A-GC, which he heads, to defend him and the government in the face of the law suit by Lawyer Rosli Dahlan? Is A-G Gani Patail admitting that the A-GC is incompetent? Was that why Tan Sri Shafee Abdullah was asked to be an ad hoc DPP to prosecute the appeal against Dato Seri Anwar Ibrahim? Or is there is a commercial logic to that? Is A-G Gani Patail outsourcing legal work to his friends in the private sector to reward them for covering up for his misconduct and incompetence?

Cecil Abraham sits in the MACC’s Operations Review Panel.

Cecil Abraham sits in the MACC’s Operations Review Panel.

I had a chat with Tan Sri Robert Phang who has always been critical of A-G Gani Patail. He told me a more worrisome story. Robert Phang questioned whether Tan Sri Cecil Abraham (right) is a fit to lawyer to defend the A-G because Cecil Abraham sits in the MACC’s Operations Review Panel, which advises on oversights in the MACC. One of the committee’s functions is to ensure that the MACC and other government agencies do not commit abuses. It is like an Ombudsman. If so, how can Cecil Abraham defend A-G Gani Patail and the other MACC officers whom Rosli has accused of fixing him? Is that not a conflict of interest?

Other lawyers tell me that Cecil Abraham is the senior lawyer implicated in the PI Bala SD case over the Altantuya murder. I am stunned by all these revelations. It seems that all the committees and advisory panels in the MACC and other government agencies are to cover up for their wrongdoings rather than to expose and correct them. No wonder our country is headed for doom !

Americk Sidhu, PI Bala's lawyer makes a startling revelation at the Bar AGM that Cecil Abraham confided in him that he prepared the 2nd SD on instructions from Najib.

Americk Sidhu, PI Bala’s lawyer makes a startling revelation at the Bar AGM that Cecil Abraham confided in him that he prepared the 2nd SD on instructions from Najib.

I am told that Rosli’s Statement of Claim against A-G Gani Patail contains very damning revelations about A-G’s misconduct. I am told that with every victory that Rosli gained against A-G Gani Patail, more and more civil servants and people are coming up to him to offer assistance and being more willing to be witnesses in his cases. This was unlike before when many were afraid to be associated with him.

Is that why AG Gani Patail does not want to go to trial and employ all kinds of delaying tactics in Rosli’s suit against him. Is that why A-G Gani Patail engaged Tan Sri Cecil Abraham to strike out Rosli’s suit? Otherwise, why is A-G Gani Patail so afraid to go to trial in Rosli’s case?

But now that Tan Sri Cecil has lost this striking out application and the A-G is ordered to pay cost to Rosli, who is going to bear this cost? Should taxpayer’s money be used to pay for the misconduct of these rogues in government? If we taxpayers have to bear this cost, then A-G Gani Patail and the likes of him will never be repentant. There will never be accountability!

In my view, A-G Gani Patail must bear the full costs of his misconduct. He must be held accountable and he must pay the legal fees charged by his friend Tan Sri Cecil Abraham. I am also of the view that the MACC should sack Cecil Abraham from being on its Advisory Panel. Cecil Abraham cannot sit there to pretend that he is acting as a check and balance against the MACC’s misconducts whereas he is also covering up for the MACC when the MACC is sued by Rosli, and getting well paid by the Government using tax payer’s money!

Conflict of Interest

The conflict of interest is so clear and it is appalling that a senior titled lawyer like Tan Sri Cecil Abraham cannot see that. I also feel that the Bar Council should not stand idle arms akimbo with this revelation. The Bar Council should subject Cecil Abraham to disciplinary proceedings for breaching such common sense rule on conflict of interests. Cecil has dishonored the Bar and the Council must act against him!

Well Done, JC Wazeer Alam Mydin 

In that regard, I must congratulate Judicial Commissioner Wazeer Alam Mydin for having a fair sense justice in not allowing A-G Gani Patail to strike out Rosli ‘s claim. A judicial Commissioner is basically a probationary judge. For a probationary Judge to do this means JC Wazeer is indeed a brave man who would not tolerate public authorities who commit abuses and then claim immunity. It is indeed a brave probationary judge to stand up to the A-G and tell it to the A-G’s face that the A-G is not above the law.

The winds of change is blowing and judges like JC Wazeer Alam will be a credit to the judiciary. JC Wazeer Alam is indeed a brave man to make this iconic statement:

“The claim by AG of his absolute public and prosecutorial immunity is an anathema to modern democratic society.”

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April 11, 2014

A-G not immune to legal action, rules Judge

by Hafiz Yatim@www.malaysiakini.com

The Attorney-General is not immune to legal action, the High Court in Kuala Lumpur ruled today.

Judicial Commissioner Vazeer Alam Mydin Meera said this in dismissing Attorney-general Abdul Gani Patail’s application to strike out the suits by former Commercial Crime Investigation Department director Ramli Yusuff and his lawyer Rosli Dahlan.

Public authorities who abused their powers have been "insulated" from prosecution for "far too long" by using the Public Authorities Protection Act.

Public authorities who abused their powers have been “insulated” from accountability  for “far too long” by using the Public Authorities Protection Act.

“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 in the pleadings, is anathema to modern day notions of accountability.

“I agree that deliberate abuse of power by a person holding a public office is tortious and is referred to as misfeasance in public office.

“Such a tortious act can arise when an officer actuated by malice, for example, by personal spite or a desire to injure for improper reasons, abuses his power,” Vazeer Alam said.

“This is keeping with developments in modern jurisprudence that absolute immunity for public servants has no place in a progressive democratic society,” the judge added. The A-G and two other officers from the A-G’s Chambers were named in the respective suits filed by Ramli Yusuff and Rosli Dahlan.

They had sought to strike out the suits on the grounds that they should be immune to such action in carrying out their prosecution powers. Ramli had filed a RM128.5 million suit against A-G Gani, former IGP Musa Hassan and several Malaysian Anti-Corruption Commission officers.

Rosli had filed a separate suit amounting to RM48 million against the same parties.The two are suing them for abuse of power, malfeasance in the performance of public duty, malicious prosecution and prosecutorial misconduct, among others.

Suits not filed out of time

Judicial Commissioner Vazeer Alam also ruled that the two suits for malicious prosecution were not filed out of time as this cause of action accrued upon the determination of the final appeal. He said that the court could not consider the period to be when Ramli or Rosli  were acquitted, as there were subsequent appeals against the acquittals made after this.

“As with Ramli’s case, the appeals lodged by the public prosecutor were dismissed in June and in November 2011. Therefore the filing of the action on Nov 1 last year is well within the time stipulated in Section 2 of the Public Authority Protection Act,” the  ruled,

Vazeer Alam also allowed the two to name the MACC in their legal action, since the MACC took over from the Anti-Corruption Agency.

Ramli had sued the defendants for their claim that he was the policeman in the Copgate affair and that he had RM27 million in assets.

Subsequently, Ramli was charged with the non-disclosure of some of his assets and the case against him was thrown out. Ramli’s lawyer friend Rosli was also hauled up as a result of this.

Ramli, who was a former state Police Chief for Pahang and Sabah, said in his statement of claim that his relationship with Gani soured in 2006.

This was after he met then Prime Minister Abdullah Ahmad Badawi and recommended that former Malaysia Airlines chairperson Tajudin Ramli be prosecuted for the severe losses suffered by the company.

“But the A-G decided not to prosecute Tajudin. I even told the PM then that if the AG was reluctant to prosecute Tajudin, the CCID would have the necessary resources to conduct the prosecution.

“This earned me Gani’s permanent displeasure…” Ramli said in his statement of claim.

‘A brave decision’

After today’s court session, Ramli commended the judge for his brave decision. “I am not doing this for Ramli Yusuff but for the Police Force, some of whom have been victimised as a result of this. And I am also doing this for the serving government officers who have also been victimised.

“I am also seeking closure to an event that has affected my possible career advancement,” he said.

The RM27 million investigations had hindered his promotion to be the Inspector-General of Police, he added. This post was subsequently handed over to Musa Hassan.

Rosli, on commending today’s High Court decision, said abuses by the public authority have for too long been insulated by invoking the Public Authority Protection Act.

“Today, a brave judge has declared that absolute prosecutorial immunity is  anathema to the modern concept of democracy. This is to remind the public authorities that no one is above the law,” Rosli said.

Several Police Officers under Ramli’s charge have also been prosecuted as a result of the Copgate affair and all of them have acquitted and have been reinstated to their posts during former IGP Ismail Omar’s tenure.

Ramli was represented by Harvinderjit Singh, while Chethan Jethwani and Darvindeer Kaur appeared for Rosli. Senior lawyer Tan Sri Cecil Abraham, Rishwant Singh and Senior federal counsel Dato Amarjeet Singh represented the defendants.

Vazeer fixed June 18 for case management to possibly fix trial dates for the hearing.