Three years ago at around this time, lawyer Rosli Dahlan found himself arrested by the then Anti-Corruption Agency (ACA) and brought to court on Hari Raya’s eve under dubious circumstances.

He was charged with failure to comply with ACA’s notice requesting full disclosure of his assets.

ramli yusuff police aca trial 011107 rosli dahlan Rosli ( right ) was being probed in relation to ACA’s investigation of one of his clients, former Commercial Crime Investigation Department director Ramli Yusof.

In the dock on that memorable day, Rosli had said he had been persecuted.

“As an officer of justice, I never thought I could be subjected to this. I also suffered injury in the manner I was arrested by the ACA officers.

“The timing to prosecute me on the eve of Hari Raya is calculated to humiliate me. The intention is clear. I think I have suffered enough,” Rosli had said at the time.

Being a director of several large multinational companies and a trustee of an international charitable organisation, he claimed that their actions had affected his integrity and good reputation, especially a day before Hari Raya.

azlan Today, the ACA’s successor the Malaysian Anti-Corruption Commission (MACC) brought the prosecution’s case against Rosli to a close with the testimony of its ninth witness.

Sessions judge Abu Bakar Katar has fixed Sept 30 for the defence, led by lawyer K Kumaraendran, and the prosecution to make their submissions.

The judge will then decide on whether to call Rosli to the stand or acquit him without calling his defence.

Rocky proceedings

The proceedings were marred by controversy when earlier in the trial Abu Bakar was transferred just as the prosecution was concluding its case

The MACC had then insisted that the new judge pick up the trial from where the previous judge left off, rather than starting the trial from scratch.

The Bar Council eventually intervened to get Abu Bakar back so that the case could be concluded without further delay.

Furthermore, during cross-examination of one of the MACC’s witnesses, deputy head of legal affairs and prosecution Kevin Morais, his testimony was found to be riddled with inconsistencies.

Morais was the officer who had originally charged Rosli on Oct 12, 2007.

His flawed testimony no doubt puts a dent on MACC’s image.

This mirrors the fate of outgoing inspector-general of police (IGP) Musa Hassan’s testimony in Ramli’s trial, that had caused Kota Kinabalu Sessions judge Supang Lian to tick the IGP off as an “unreliable witness”.

Rosli is charged with failing to declare his assets in the two months period stipulated by ACA’s notice dated July 17, 2007. The deadline was later extended to Aug 16 that year.

The offence is punishable under Section 32 (2) of the Anti-Corruption Act 1997.

Replying by way of a statutory declaration, Rosli maintained that he did not hold any assets for Ramli, who was being investigated at the time.

The ACA was at the time said to be unhappy with Rosli’s answers, although they never charged him with making false declarations.

Ramli eventually acquitted

Ironically for Rosli, his client Ramli has since been acquitted by the Kota Kinabalu Sessions Court, a decision upheld by the Sabah High Court.

ramli yusuff and court judiciary police 011107 Ramli was being charged with allegedly abusing his powers as Sabah police chief for a personal financial gain when on June 15, 2007, he used a Royal Malaysian Police Cessna Caravan aircraft to take him and Brig-Gen (Rtd) Mohamad Yasin Yahya on an aerial surveillance of two lots in Ulu Tungku, Lahad Datu.

Besides his acquittal in Sabah, the former senior police officer was also acquitted twice in Kuala Lumpur.

In addition, he was also acquitted by the Kuala Lumpur Sessions Court of three charges of failure to declare his assets, after the prosecution had failed to prove a prima facie case against him.

Last month, Ramli was also cleared of a charge of being in breach of laws preventing civil servants from being involved in private businesses.

In a related case, the Kota Kinabalu Sessions Court late last month also freed Mohamad Yasin of charges of perjury during Ramli’s trial.

Civil action filed

Considering the circumstances of his arrest, Rosli felt it fitting to file a civil suit against his persecutors during Ramadan, which he did at roughly this time last year.

His RM50 million civil suit named 17 parties, including then MACC deputy commissioner Abu Kassim Mohamed, MACC officers, the Attorney-General’s Chambers, Bank Negara, Utusan Malaysia and the government.

In his statement of claim, Rosli explained at length Ramli’s relationship with out-going IGP Musa, and how the IGP had used the ACA and the Attorney-General’s Chambers to implicate Ramli and him.

johari baharom and aca bpr probe He claims that this was in retaliation to him representing Ramli and former Deputy Home Minister Johari Baharom in a case of an alleged moneylending syndicate involving Goh Cheng Poh.

Rosli took the case on after accusing the Attorney-General’s Chambers of abdicating its constitutional duty in refusing to represent the two in Goh's habeas corpus application. Goh was subsequently released on the advice of the attorney-general.

Rosli has since filed similar suits against other media publications.