January 4, 2013
Why is a Court preventing Lawyer Rosli Dahlan to have his contend in Court?
by Din Merican
Please see a news inform next from The New Straits Times upon a Court permitting a Attorney-General's Chambers ('A-GC') to obliterate multiform questions in Lawyer Rosli Dahlan's acknowledgement statements. The mainstream media is so quick to inform at your convenience a A-GC scores a indicate opposite him. But they will black out any news of his success as well as victories opposite a A-GC or a government.
My readers will remember that in 2007 only a single day prior to Hari Raya AidilFitri, Lawyer Rosli (left) was brutalised by a MACC prior to being dragged in to justice upon a trumped up assign by a MACC underneath instructions of A-G Gani Patail.
Even then, Lawyer Rosli had sensitive Judge SM Komathy that this was a swindling to smear his name as well as humiliate him (see a NST inform of that time) as well as swore that he would fight a assign to show his innocence.
Hei afterwards launched this RM50 million law fit for criminal conspiracy, prejudicial arrest, attack as well as insult opposite a most absolute UMNO owned newspaper, Utusan Malaysia, a MACC, a Government as well as assorted MACC officers whom he called a 'rogues in government". That is a box that is coming to hearing only now, after considerable relapse of time. Why? Because a A-G as well as a MACC want to retaliate him.
In retaliation, a MACC dragged a criminal box opposite Lawyer Rosli for over 5 years. Over that period, Dato Ramli Yusuff was clear by a assorted courts. Despite that, a MACC pursued a box opposite Laywer Rosli. When he was acquitted, A-G Gani Patail directed that an appeal shoul! d be mad e. Then upon Aug 2, 2012, Lawyer Rosli filed an explosive confirmation disclosing how a MACC Director of Prosecution, Dato Razak Musa attempted to awaken himi to drop his RM50 million lawsuit.
Lawyer Rosli's confirmation additionally exhibited a Statutory Declaration by Tan Sri Robert Phang
who exposed that a MACC Chief Commissioner, Dato Seri Abu Kassim, had admitted that there was no box opposite Rosli though A-G Gani Patail would not concede a box to be dropped.
So, only when his RM50 million hearing is about to start, a A-GC commences filing all kinds of applications to retard a satisfactory trial. The A-GC wants a hearing to be conducted a approach he wants it, as well as not a approach it should be. They want to foreordain how Rosli can present his evidence. They want a hearing to be upon their turf as well as upon their rules. Basically, they want it all their way.
And as we know, that equates to it would not be a level personification field. It is similar to a fighting match where a single fighter is asked to wear a heavily padded gloves as well as no mouthpiece or face protector though a other fighter is authorised to put upon a knuckle duster as well as wears a full padded fit similar to an American football player.
Is that a satisfactory fight? Of march not!
Thus, a NST inform next came as no surprise to me when technicalities, by calling Lawyer Rosli's acknowledgement testimonies as "heresay as well as not pertinent evidence", have been being used to prevent his side of a story from being told in open court. Some of my legal eagle friends have been nonplussed that a Judge could order that a Rosli's justification in his acknowledgement make a difference was not pleaded in his make a difference of claim.
They discuss i! t me tha t a justice request called a "pleading" that is a Statement of Claim is ostensible to only state a short facts of a explain as well as not a justification or a law. The justification will be presented when a acknowledgement similar to Rosli comes to justice as well as tells his story by approach of acknowledgement testimony. And yet, Rosli is prevented from you do this. What is wrong Judge?
Preventing Rosli from revelation his story by ruling that it is not pertinent even prior to he has a possibility of observant it reminds me of a late Judge Augustine Paul who kept ruling "Irrelevent" opposite Counsel Christopher Fernando during Anwar Ibrahim's trial. In a end, a Good Lord rendered Augustine Paul not pertinent by burying him six feet underground.
If we didn't know Lawyer Rosli better, we would have told him not to be wasting his time fighting for mislaid causes. He is better off fasten a ranks of a UMNO cronies. He can afterwards lay comfortably as well as reap a fruits of being an UMNOputra lawyer. Even a non-Malay Tan Sri warn who prepared a fake PI Bala's second SD knows how to fool around ball.
But not this unaffected Lawyer Rosli. Many think that either he is as well idealistic or he is only a solid fool by hoping to absolve his name through a courts. Many have pronounced that after Lawyer Rosli was clear in 2011 as well as a A-G done a final notation withdrawal of a criminal appeal opposite him, Lawyer Rosli should have only walked away quietly as well as go upon with his life peacefully. But he persisted.
So a predictable thing would occur now. They will tire Lawyer Rosli down, have him catch celestial legal costs, pull towards a case, have technical objections to check a box as they have been you do now, as well as after all that, they will still not concede Lawyer Rosli to take a acknowledgement mount as well as discuss it his side of a story. And Malaysians will never know what Lawyer Rosli was starting to contend in court. That is flattering obvious to us.
!I a ttempted to call Rosli after reading a NST news, though he did not answer. we called him again large times even as we am writing this piece, though my calls kept starting to his voice mail. we can assimilate that Lawyer Rosli may be feeling very down. He must be sleepy by a hurdles as well as obstacles that have been placed prior to him to frustrate his endeavour to absolve himself as well as find burden from those who have wronged him. we feel contemptible for him.
But we know Rosli well sufficient to know that when he wakes up tomorrow, he will contend Lawan Tetap Lawan!
03, 2013, 22:39 PM
Matters considered hearsay, not pertinent expunged from Rosli Dahlan's acknowledgement statement
By V. Anbalagan
KUALA LUMPUR: The High Court has authorised an duplicate by a supervision to obliterate multiform questions from a acknowledgement make a difference of corporate warn Rosli Dahlan who is looking damages for unlawful detain as well as successive assign over his failure to disclose information upon his assets.
Judge Datuk Hue Siew Kheng done a ruling in her chambers today.Senior Federal Counsel Azizan Md Arshad told reporters that a decider pronounced a questions were scuttle-butt as well as irrelevant, as well as Rosli did not beg those counts (as in a acknowledgement statement) in his make a difference of claim.
Azizan pronounced a decider additionally dismissed a rough objection by Rosli's warn Chetan Jethwani that he (Azizan) had no locus standi to overthrow upon a government's confirmation whilst he was additionally a counsel.
The warn had submitted that a usual use was that such request would be affirmed by another comparison officer.
Azizan is acting for a supervision as well as 8 other! Malaysi an Anti-Corruption Commission (MACC) officers.
The supervision had earlier filed an duplicate to undo a questions in a acknowledgement statement.
Trial will begin upon Jan 25.
Rosli had in 2009 filed a RM50 million fit opposite seventeen parties, together with comparison MACC officers as well as a supervision claiming he was wrongfully arrested by a MACC, notwithstanding a group being wakeful that investigations upon his client, former Commercial Crime Investigation Department Director Datuk Ramli Yusoff, were ongoing.
He serve purported that a check upon his financial position carried out by a Bank Negara military officer underneath a Anti-Money Laundering Act was additionally improper.
The warn claimed that a MACC opted to take to justice him notwithstanding his offer underneath oath to yield a details asked for in a notices to him.
The Sessions Court had earlier clear Rosli without calling for his counterclaim upon a assign of failure to disclose information upon his assets.
A-G moves to overpower Rosli upon roles of Gani, Musa
Source:http://www.malaysiakini.com/news/215362In a bid to overpower Lawyer Rosli Dahlan, a Attorney-General's Chambers currently objected to him giving justification upon counts pertaining to the'Copgate affair'involving Attorney-General Abdul Gani Pa! tail as well as former Inspector-General of Police Musa Hassan.
Rosli practical to Kuala Lumpur High Court decider Hue Siew Kheng, in chambers, to concede him to read his acknowledgement make a difference in open court, that a decider allowed. However, Rosli's warn Chethan Jethwani said, comparison federal warn Azizan Md Arshad, representing a officers from a (then) Anti-Corruption Agency (ACA) as well as a government, objected to sure portions of Rosli's testimony.
Following this, Justice Hue bound December twenty-eight to listen to submissions upon a make a difference as well as ordered Azizan to record a grave duplicate to obliterate those portions prior to a duplicate is heard upon that day. The decider additionally bound Jan twenty-five for to listen to Rosli's testimony.
Azizan argued that third parties were named in a make a difference of a witness, that was
since a AG's Chambers was objecting. It is learnt that a objection arose since Rosli's testimony would hold upon a purpose of Musa as well as Gani (right) in Rosli's assign of not complying with a ACA's procedures to acknowledgement his assets, prior to a sessions justice in 2007, upon that he wasacquittedwithout his counterclaim called.
Rosli, 51, had named multiform officers in a ACA, a predecessor to a Malaysian Anti-Corruption Commission, together with present Chief Commissioner Abu Kassim Mohamed as well as Deputy Head of Prosecution Anthony Kevin Morais, as defendants in his RM50 million insult suit. He had additionally named UMNO-owned dailyUtusan Malaysiaand a comparison editor Mohd Zaini Hassan.
The ! lawyer, who had represented former Commercial Crime Investigations Department Director Ramli Yusuff, in is looking damages over defamatory statements made, a damage to his reputation, attack as well as fake imprisonment.
Ramli, who was after charged by a ACA, was additionally clear of a 5 charges opposite him as well as a preference was serve upheld by a High Court as well as Court of Appeal.
Yesterday, Justice Hue had called upon a parties totry as well as solve a caseand to take in to comment a decisions done by a other courts.
'Arrest of Goh an action of disloyalty'
Rosli in his command described a acrimonious attribute in between Ramli as well as Musa as well as how a IGP had used a ACA as well as a A-G's Chambers to apply to him as well as Ramli following a detain of an black market kingpin, Goh Cheng Poh or 'Tengku Goh'.
Rosli pronounced he acted for Ramli as well as a afterwards Deputy Home Minister Johari Baharom opposite Goh's habeas corpus duplicate in 2007, after a A-G's Chambers refused to pull up their affidavits.
He pronounced Musa (left) saw a detain of Goh as unfaithfulness upon a partial of Ramli, resulting in a IGP initiating serve ACA investigations opposite Ramli. This resulted in a stretched attribute in between Musa as well as Ramli as well as Johari.
Rosli serve claimed that he warranted a rage of Musa as well as a Attorney-General when he drew up a affidavits for Ramli as well as Johari, as well as this led to a ACA investigations opposite him as well as his successive arrest.
He pronoun! ced an A CA military officer kicked his leg, twisted his arms as well as handcuffed him tightly, resulting in lacerations as well as flourishing of his wrists.
He gave his make a difference at a ACA Hadquarters, though was held overnight as well as taken to justice as well as charged upon a eve of Hari Raya, upon October 27, 2007. These were malicious actions out to taint his image, he added in his writ.
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