A Kuala Lumpur High Court judge has advised parties involved in the RM50 million suit from lawyer Rosli Dahlan to continue with the settlement process.

ramli yusuff and court judiciary police 011107 This follows Rosli, who had acted for former Commercial Crime Investigation Department (CCID) director Ramli Yusuff, in what is described as the “ Copgate affair ”, has today agreed to withdraw his claim against Bank Negara Financial Intelligence Unit manager Abdul Rahman Abu Bakar.

Justice Hue Siew Kheng said this in open court on being informed by Rosli's counsel Chithan Jethwani that his client has agreed to withdraw the claim against Abdul Rahman after reading the Bank Negara officer’s witness statement.

“After Rosli read the witness statement from a prosecuting officer Dzulkifli Ahmad (who was then attached to the Anti-Corruption Agency), that it was he who did the Bank Negara search and not the 16th defendant (Abdul Rahman),” said Chithan.

Rosli agreed to withdraw its action against the Bank Negara officer following a settlement discussion yesterday where terms are said to be confidential.

This was affirmed by Bank Negara counsel Tan Hock Chuan, who said there should be no orders made as to costs.

It was learnt that previously Dzulkifli never admitted to conducting the search and it was upon seeing the former ACA's witness statement where this was admitted that the lawyer decided to stop the action against Bank Negara.

Last November, Kuala Lumpur High Court judge John Louis O’Hara had struck out Abdul Rahman as one of the defendants in the RM50 million lawsuit, in which Rosli had claimed the national bank had conducted an unlawful search of his assets, but the Bank Negara officer was later reinstated in the suit by the Court of Appeal in August.

Claims against other defendants still ongoing

Meanwhile, Rosli’s ongoing suit against Umno-owned Utusan Malaysia daily publisher Utusan Melayu (M) Bhd, its senior editor Mohd Zaini Hassan and senior officers of the Malaysian Anti-Corruption Commission (MACC) including its chief commissioner Abu Kassim Mohamed (then deputy director-general), its deputy head of prosecution Anthony Kevin Morais and nine MACC officers, as well as the government, will resume tomorrow.

azlan Chithan had informed the court today that the other parties sought an adjournment to the day's hearing as they wanted to seek further instructions on the witnesses testifying in the trial, following the filing of their witness statements.

Justice Hue then recorded the withdrawal of the claim against the Bank Negara officer, and advised all parties to look into the notes of proceedings and earlier decisions made related to the matter.

She said this when all parties met earlier in her chambers, where Justice Hue was learnt to have said the Attorney-General’s Chambers (AGC) should not deny the facts which already exist in the previous criminal judgments against Rosli and Ramli, and notes of proceeding in cases related to the matter.

“The court advises parties to continue to look into the process of settlement,” she said.

Senior federal counsel Azizan Md Arshad represented the MACC officers and the government, while Mohana Kumar appeared for Utusan Melayu.

Utusan Malaysia apologised over its reports on Rosli's arrest where it described him as being a Singapore lawyer, although he is a Malaysian citizen.

Rosli, a partner in the law firm Lee Hishammuddin Allen and Gledhill, had filed the claim in 2009 seeking defamatory damages along with tort of conspiracy and injury claims against the defendants.

Insights on former IGP expected

The case is expected to provide some explosive insights into allegations over how the MACC and the AGC were used to protect former inspector-general of police (IGP) Musa Hassan after Ramli had taken action on underworld figure Goh Cheng Poh and placed him under restricted residence.

Rosli was initially charged five years ago with allegedly not complying with the then Anti-Corruption Agency's (ACA) procedures to declare his assets, but was acquitted by the Sessions Court, and on Aug 2, prosecution for the MACC withdrew their appeal against his acquittal.

NONE In his claim, Rosli described the acrimonious relationship between Ramli and Musa ( right ) and how the IGP had used the MACC, and the AGC to implicate him and Ramli following Goh's arrest.

Rosli claimed he had acted for Ramli and the then Deputy Home Minister Johari Baharom against Goh's habeas corpus application in 2007 after the AGC refused to draft them.

However, Musa saw Goh's arrest as disloyalty on the part of Ramli, resulting in the IGP further initiating ACA investigations on him, causing strained relations between Musa, Ramli and Johari.

Rosli further alleged he earned the wrath of Musa and the attorney-general when he drew up affidavits for Ramli and Johari, which led to the MACC investigations against him and his subsequent arrest where an anti-graft officer kicked his leg, twisted his arms and handcuffed him tightly, causing lacerations and swelling on his wrist.

He was brought to court and charge on Hari Raya's eve in 2007, which he claimed were malicious actions out to tarnish his image.

Rosli was present in court today with his wife and children, along with former MACC advisory panel member Robert Phang, who is slated to be his witness.

Meanwhile on Nov 16, police held a retirement do for Ramli, who had been cleared of all charges of non-disclosure of his assets and was reinstated into the force.

During the ceremony, Ramli hit out at Musa and the attorney-general when giving his retirement speech.