Lawyer Rosli files RM48mil suit for malicious prosecution
Three weeks after former Commercial Crime Investigation Department director Ramli Yusuff filed his suit , his lawyer Rosli Dahlan also filed a similar suit naming Attorney-General Abdul Gani Patail, former IGP Musa Hassan and Malaysian Anti-Corruption Commission chief commissioner Abu Kassim Mohamed in their personal capacities.
Three weeks after former Commercial Crime Investigation Department director Ramli Yusuff filed his suit , his lawyer Rosli Dahlan also filed a similar suit naming Attorney-General Abdul Gani Patail, former IGP Musa Hassan and Malaysian Anti-Corruption Commission chief commissioner Abu Kassim Mohamed in their personal capacities.
The RM48 million suit was filed in the High Court in Kuala Lumpur last Friday and a copy sighted by Malaysiakini describes Gani's alleged role behind the malicious prosecution.
Rosli also named MACC prosecution head Abdul Razak Musa, its former prosecution head Nordin Hassan and Razak's deputy Anthony Kevin Morais, the MACC, the police and government as among the 11 defendants.
Similarly with Ramli's suit, Rosli claimed that animosity from Gani (
right
) and Musa stemmed from Anwar Ibrahim's black-eye incident, the Sodomy I trial and the Malaysia Airlines case where, at Rosli's request,Ramli briefed the MAS board of directors and then prime minister Abdullah Ahmad Badawi.
During the briefing Ramli recommended that the government initiate a charge against former MAS chairperson Tajudin Ramli, and that if Gani did not want to prosecute, the CCID had the means to do so.
"That caused permanent displeasure towards Ramli and me," says Rosli in his statement of claim. Rosli had acted for MAS in most of the disputes involving the national carrier.
The lawyer claimed that after Ramli arrested an underworld figure, Goh Cheng Poh, who is linked with Musa, the case Malaysiakini refers to as the ' Copgate affair ', the situation also saw Rosli being dragged into the net.
This follows, he says, after Musa (
right
) used the police disciplinary board to implicate Ramli through a shady character, Moo Sai Chin, who was then being held under the Emergency Ordinance, and Musa initiated a frame-up against the former CCID director that also led to a search of Rosli's assets, which Rosli claims was done with malice and illegal.
Subsequently, Rosli said, he was "brutally arrested" at his law firm two days before Hari Raya, and the next day he was charged with failing to comply with a notice issued by the MACC to declare his assets. Two weeks later, Ramli was subsequently charged.
The lawyer's arrest and charge were sensationally reported by various media, as if implicating him with hiding RM27 million worth of assets owned by Ramli.
Abu Kassim admitted Gani instructed prosecution
The lawyer claimed the defendants are liable for conspiracy, false and malicious investigation, abuse of power, abuse of prosecutorial discretion, malicious prosecution and prosecutorial misconduct and public misfeasance for having acted in such a manner against him.
Rosli claimed he made representation and brought his case to the MACC Advisory Board, and that one of the former board members, Robert Phang (
left
), made a statutory declaration that Abu Kassim told the board that there was no case against him but Gani insisted on the unlawful prosecution.
Subsequently, Rosli was acquitted on Dec 20, 2010, after which he initiated several suits against the various media, including Utusan Malaysia, New Straits Times and The Star for defamation.
He claimed the defendants were out to destroy his reputation following his involvement in MAS and the Goh matter, where he helped draft affidavits of some of the police officers in the kingpin's habeas corpus application.
The lawyer claimed that despite being acquitted by the sessions court in Kuala Lumpur, the MACC proceeded to wrongfully appeal the decision.
‘Gani said appeal will be withdrawn if Rosli's drops suit'
Rosli also says in his statement of claim that Razak informed him that Gani would only allow MACC to withdraw the prosecution's appeal on condition that Rosli withdraw his civil suits against various government officers for injuring him.
He met with Razak (
left
) on March 2, last year, during which the MACC chief prosecutor admitted that the lawyer should not be charged if he were the director and blamed his predecessor and his current deputy for the events.
"Razak repeated the withdrawal offer (to Rosli if he withdraws his suit) by stating that he was 90 percent convinced the plaintiff should be let off but the 10 percent was the prerogative of Gani. In light of this, I informed Razak that if there was no immediate withdrawal of the MACC's appeal, he would consider that to be an abuse of power and prosecutorial misconduct."
Rosli said the MACC then agreed to withdraw its appeal and subsequently claimed the public apologies by the three newspapers and judicial findings were proof of the conspiracy and malicious prosecution against Ramli and him.
In the suit against the NST , the Kuala Lumpur High Court judge ruled that the MACC had acted in contravention of Section 21(4) of the Anti Corruption Act in releasing confidential investigations to the media and ordered the MACC and NST to pay RM150,000 each to Rosli.
Rosli is seeking RM750,000 in special damages for his legal costs, punitive and aggravated damages of RM10 million each, general damages and exemplary damages of RM27 million.
Asked why the RM27 million in exemplary damages, Rosli said since they sensationalised the news that he has that amount, he wanted them to pay what they had sensationalised.
"These rogues will stop at nothing to achieve their evil desires. This is the axis of evil in the corridors of power," he said.


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