10 Apr 2015

'AG Gani Patail interfered in MACC work'

Attorney-General Abdul Gani Patail barred the Malaysian Anti-Corruption Commission (MACC) from stopping its prosecution against lawyer Rosli Dahlan in the ‘Copgate affair’.

This was revealed in the High Court in Kuala Lumpur today by former MACC Corruption Prevention and Consultative panel member Robert Phang, who said this was related to him by MACC Chief Commissioner Abu Kassim Mohamed.

Phang said Abu Kassim told him this during his tenure as a Corruption Prevention and Consultative panel member. He was on the panel from Feb 24, 2009, till Jan 27, 2011.

The witness was testifying in the RM50 million suit filed by Rosli against MACC for assault and wrongful detention.

Phang said Rosli had sent him a letter dated Nov 11, 2010, concerning a charge brought against him by the MACC in the sessions court in Kuala Lumpur in 2007.

“I raised this with Abu Kassim (left), who informed me that the MACC had no case against Rosli in the above prosecution, but he was prevented by the public prosecutor, who is Attorney-General Gani, from discontinuing with the prosecution.

“This is despite (MACC) being aware that the case would result in an acquittal.

“I believe there has been abuse of power, selective prosecution, abuse of prosecutorial discretion, malicious prosecution and prosecutorial misconduct by Gani in the handling of the case against Rosli,” Phang said in reply to questions by Rosli's counsel Chethan Jethwani.

He also produced a statutory declaration dated Aug 16, 2012, describing the meeting to that effect.

No minutes from the MACC panel

MACC’s lawyer Cecil Abraham, formerly an Operations Review panel member of the MACC, asked Phang why there were no minutes from the panel to prove this.

However, Phang maintained that the meeting with Abu Kassim really did take place and he reiterated what the MACC chief told him.

On Monday, Utusan Malaysia made an apology in open court to Rosli for its defamatory article, after the lawyer filed the RM50 million suit against the MACC and the Umno-owned daily.

Rosli (right) was arrested at his office, two days before Hari Raya in 2007, for allegedly not abiding by the MACC's notice to declare his assets, which he described as vague.

He was handcuffed tightly in front of his partners, and produced in court on the eve of Hari Raya, and a newspaper report said the charge against Rosli was related to an investigation into a RM27 million cop.

Rosli claimed that the action against him came after he helped draft the affidavits for former home minister Johari Baharom, former Commercial Crime Investigation Department director Ramli Yusuf and six of his men in the arrest of triad kingpin Goh Cheng Poh.

Goh or Tengku Goh, was caught by Ramli's men in 2007, following a blitzkrieg by the government against the illegal money laundering syndicate and he was placed under restricted residence in Gua Musang, Kelantan.

Goh filed a habeas corpus application, which was backed by the then inspector-general of police Musa Hassan.

Following the filing of the habeas corpus application, the Attorney-General’s Chambers did not want to draft the affidavit in reply, as required and is normally done, resulting in Rosli to be roped in by Ramli to draft it.

Subsequently, Rosli was charged in the sessions court but was acquitted without his defence being called. Ramli, who the authorities claimed was the “RM27 million cop” was also charged in 2007 but was acquitted.

As a result of this, Rosli and Ramli filed separate suits against Gani for malicious prosecution. Gani tried to strike out the suits, in the High Court and then in the Court of Appeal, and failed both times.

Rosli's suit against the MACC continues tomorrow before Justice Su Geok Yiam, with a former deputy public prosecutor expected to testify.

Source : https://www.malaysiakini.com/news/294805

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