January 20, 2012
The Judiciary hasn't unequivocally changed: THE CASE OF ROSLI DAHLAN
by Din Merican
When Anwar Ibrahim was transparent of Sodomy II upon Jan 9, there was dumbfounded reaction nationwide. Numerous interpretations came about, not least which this was a Politics of a Prosecution (or "Persecution" to be some-more apt).
Senior Lawyer Tommy Thomas wrote a many eloquent piece patrician "Why was Anwar Ibrahim acquitted?" as well as referred to which Sodomy II was all about politics, as well as nothing though politics. That this was gutter ruling body of a brand brand new definition where no domestic leaders across a globe had been a victim of such unwashed state ruling body as Anwar.
Thus, a preference to acquit Anwar was about a Politics of Acquittal, which a hearing decider did not actually have a preference himself, though it was in reality a domestic decision. That is a notice of many Malaysians (including lawyers) which in "political" cases a Courts have been not eccentric of a Executive.
Tommy Thomas (left) referred to which a single approach to analyse legal autonomy is by reviewing a hearing judge's altogether conduct as well as he resolved which a judge's exculpation was a U-turn of large proportions which contradicted all his prior rulings opposite Anwar during a trial.
Malaysians shouldn't be euphoric in heralding a emergence of a brand brand new epoch in legal autonomy as well as which "Anwar's exculpation will not be a harbinger of impr! oved thi ngs to come from a judiciary. One swallow does not have a summer!"
The Case of Rosli Dahlan: Gross Injustice as well as Victimisation of a Professional
That was in truth only a single swallow if you have been to decider a law by a box of my dear immature friend Lawyer Rosli Dahlan. Readers would remember which a MACC brutalised Rosli for defending Dato Ramli Yusuff, a former CCID Director, who was bound by a Unholy Trinity- former IGP Musa Hassan, a MACC as well as AG Gani Patail.
Dato Ramli Yusuff as well as Rosli Dahlan had unprotected Musa Hassan's complicity in a Ah Long
syndicate as well as additionally a Malaysian Airline Systems (MAS) Scandal involving a former authority Tan Sri Tajudin Ramli. Both Ramli as well as Rosli were bound so which these counts can be canned.
Recently, a MAS Scandal resurfaced when Minister in a PM's Dept, Dato Seri Nazri Aziz, destined multiform GLCs together with MAS to pouch their lawyers as well as appoint a UMNO counsel Datuk Hafarizam Harun (see a BN as well as UMNO logos proudly displayed upon this firm's website at: http://hafazmir.com/v2/) so which a cases opposite Tajudin can be closed.
MAS Issue unresolvedWhy?
Speculation is abundant which Tajudin Ramli is protected because he has damaging information about UMNO leaders in a rapine of a national airlines. MAS was during a brink of failure if not for a WAU (Widespread Asset Unbundling) scheme which authorised MAS to soar again. And a MAS/Air Middle East understanding is now viewed with grave guess as a repeat of all past misconducts which was why Rosli got in to trouble with Dato' Ramli in a initial place.
In sequence to fix Rosli, a MACC served upon him an shabby notice to acknowledgement his assets given he had never been a civil menial as well as was only a private sector lawyer. Although Rosli replied to which notice as well as declared his asset underneath protest, still a MACC brutally arrested him as well as charged him in a many degrading as well as sensational approach only a single day prior to Hari Raya of 2007.
Rosli afterwards filed an duplicate in a Civil High Court called a Judicial Review to acknowledgement which what a MACC did was wrong. The A-G Chambers took a technical argument which a invalidity of a notice cannot be raised by Judicial Review though should be raised during a hearing in a rapist court. On a other hand, during both Rosli's as well as Ramli's rapist trials, a A-G Chambers argued which a shabby notice cannot be challenged in a rapist box though should be challenged by Judicial Review in a civil courts. Clearly, AG Gani Patail is being prejudiced by blowing hot as well as cold.
Eventually, Sessions Judges M. Gunalen as well as Abu Bakar Katar hold which a notices opposite Dato Ramli as well as Rosli Dahlan were shabby as well as unlawful which equates to a MACC bound them up! It is amazing which A-G Gani Patail has filed appeals opposite a acquittals of Dato' Ramli as well as Rosli given there is sum lethargy to prosecute Tajudin Ramli in a MAS scandal, Shahrizat Jalil in a NFC scandal, as well as Awang Adek for openly revelation which he perceived money as well as benefit in his personal account. And you listen to of former Tourism Minister as well as incumbent MP Azalina Othman Said who not long ago certified to usurpation a bribe.
From my friends in a Palace of Justice, we listened which Rosli's interest for leave to file a Judicial 
Review came up in a Court of Appeal yesterday Jan 19 prior to Justices KN Segara, Clement Skinner as well as Anantham Kasinather. To save AG Gani Patail (right) from embarrassment for his unsuitable stand, these Court of Appeal Judges said which Rosli's interest was educational as he was already transparent by a Sessions Court as well as forced a interest to be withdrawn.
Hearing all these from my friends in a Palace of Justice done me really sad. Tommy Thomas was right which nothing has unequivocally changed, which it is too early to expect improved things from a judiciary. The brag as well as sly strategy used opposite Rosli is revolting to me. The quarrel for probity contingency go on given a Courts remain subservient to a domestic masters.
I asked Rosli for tea with a little friends to see if he was alright. Unlike previously, this time, Rosli did not try to avoid me. He seemed calm as well as collected when we attempted to console him. There was a tinge of sadness in his eyes which he attempted to hide by his charming dimpled smile.
Despite all my goading, he refused to speak about his case. When we asked what he planned to do next, he laughed as well as jestingly quoted Anwar's war cry "Lawan Tetap Lawan!"
That was enough for me to know which Rosli has a finalise to go on fighting upon for a probity which was attacked off him.
I agree with Tommy Thomas which Anwar's exculpation provides a most appropriate opportunity for a electorate to have a transparent preference as to which bloc should be given a payoff of ruling Malaysia for a next 5 years. A loyal two-party system contingency occur this time.
If you have been to have loyal shift as well as probity for all, afterwards there contingency be a domestic tsunami which will shift a landscape similar to a Malay proverb "Sekali air bah, sekali pantai berubah!".
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