January 3, 2013
A-G's Chambers Application to Expunge Six Questions In Lawyer Rosli's Witness Statement Allowed
by Hafiz Yatim@http://www.malaysiakini.com
The Kuala Lumpur High Court has today allowed a Attorney-General's (A-G) Chambers' duplicate to obliterate 6 questions in lawyer Rosli Dahlan's declare matter over his RM50 million insult claim opposite a Anti-Corruption Agency (ACA), Utusan Malaysia and a government.
This follows Justice Hue Siew Kheng's statute which a allegations made in a declare matter were "riddled with heresay" as well as not pleaded in a matter of claim.
She had additionally dismissed Rosli's objection to Senior Federal Counsel Azizan Md Arshad's confirmation in ancillary a duplicate as a justice ruled a confirmation usually lifted issues of points of law as well as which it was not required for officers of a ACA or a Malaysian Anti-Corruption Commission (MACC) to affirm it.
"The justice rules which a accusations were made upon a third party with no opportunity for the person to defend himself or herself. Hence, a justice additionally orders which costs upon costs (ie a costs will be dynamic later) during a finish of a trial," Justice Hue (right) said.
According to Azizan, a justice cited which it was bound by a case of fee concessionaire Metramac Corporation Sdn Bhd in permitting a application.
The Metramac case saw former decider Justice Gopal Sri Ram creation stat! ements u pon a running of a Finance Ministry, as well as this was expunged after by a Federal Court after it ruled which irrelevant parties should not be cited.
The questions concern what is known as a 'Copgate affair' as well as it cover questions eight, 114, 115, 116, 117 as well as 118 out of a sum of 127 questions which Rosli had put up.
On Nov twenty-eight it was reported which a A-G's Chambers, representing a MACC's predecessor a Anti-Corruption Agency as well as a government, had opposed Rosli's duplicate to read out his declare matter as well as additionally wanted expunged sure portions of it related to Copgate as well as other matters.
However, a irony in a A-G's Chambers duplicate was which Azizan had cited a expunged questions as well as answers in his confirmation in await of a application.
The hearing will begin upon Jan 25, with Rosli expected to take a stand. Rosli was charged with not complying with a agency's procedures in declaring his assets.However, a KL Sessions Court had acquitted Rosli without calling for his defence. The charge had after withdrawn the interest opposite a acquittal progressing this year.
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