The Kuala Lumpur High Court has today allowed the Attorney-General’s (AG) Chambers’ application to expunge six questions in lawyer Rosli Dahlan’s witness statement over his RM50 million defamation claim against the Anti-Corruption Agency (ACA), Utusan Malaysia and the government.

This follows Justice Hue Siew Kheng’s ruling that the allegations made in the witness statement were “riddled with heresay” and not pleaded in the statement of claim.

She had also dismissed Rosli’s objection to senior federal counsel Azizan Md Arshad’s affidavit in supporting the application as the court ruled the affidavit only raised issues of points of law and that it was not necessary for officers of the ACA or the Malaysian Anti-Corruption Commission (MACC) to affirm it.

“The court rules that the accusations were made on a third party with no opportunity for the person to defend himself or herself. Hence, the court also orders that costs on costs (ie the costs will be determined later) at the end of the trial,” she said.

According to Azizan, the court cited that it was bound by the case of toll concessionaire Metramac Corporation Sdn Bhd in allowing the application.

The Metramac case saw former judge Justice Gopal Sri Ram making statements on the running of the Finance Ministry, and this was expunged later by the Federal Court after it ruled that irrelevant parties should not be cited.

The questions concern what is known as the ‘Copgate affair’ and it cover questions eight, 114, 115, 116, 117 and 118 out of a total of 127 questions which Rosli had put up.

On Nov 28 it was reported that the AG’s Chambers, representing the MACC’s predecessor the Anti-Corruption Agency and the government, had opposed Rosli’s application to read out his witness statement and also wanted expunged certain portions of it related to Copgate and other matters.

However, the irony in the AG’s Chambers application was that Azizan had cited the expunged questions and answers in his affidavit in support of the application.

The hearing will begin on Jan 25, with Rosli expected to take the stand.

Rosli was charged with not complying with the agency’s procedures in declaring his assets.

However, the KL Sessions Court had acquitted Rosli without calling for his defence. The prosecution had later withdrawn its appeal against the acquittal earlier this year.