ROSLI DAHLAN: A Case of Selective Prosecution and Justice Delayed

by Din Merican

“Justice delayed, is justice denied” – William Gladstone (1809 – 1898)

Since two weeks ago, Raja Petra Kamaruddin’s (RPK) Malaysia Today news portal posted the series of MACC NFA cases. Like the NCIS TV series, RPK slowly peels layer after layer of what the crime is, who did it and how it was done. All there is to do after the expose’ is to prosecute that crime. But that would not be in the NCIS tv series. That would be in another tv series that glorify the brilliance of the defence counsel and the idiocy of the prosecutor’s case, like LA Law or Boston Legal. The two latter tv series however provide tongue in cheek comedy relief, not unlike the U-tube court video of the MACC’s Director of Prosecution Dato’ Razak Musa demonstrating how Teoh Beng Hock could have died by strangulating himself.

How MACC Lawyers and Attorney General brought shame to Malaysia, her Judiciary and Legal Profession.

RPK’s series of arcticles on “MACC NFA Cases” have now come to Part 10. RPK has provided an Idiot’s Guide to Identifying Crime and Corruption. This is a very instructive tool for an institution like the MACC whose motto is “Amanah, Tegas, Adil” (Trustworthy, Impartial, Fair) and whose head, the Chief Commissioner Dato’ Seri Abu Kassim Mohamed, had made a public pledge during the recent Malaysian Law Conference that he would resign if the MACC can be shown to have failed to investigate cases against “big fishes.

MACC : NATO

The ABUs: Abu Lahab-Abu Jahal and Abu Kassim

Abu Kassim has yet to rise to the pledge that he had made, he has yet to resign. It seems that Abu Kassim is just another Abu Lahab and Abu Jahal, two despised characters in Islamic history. Abu Kassim should be reminded that in Surah Al Lahab (surah 111:3), God warned people like him that: “Burnt soon will he be in a Fire of blazing Flame!”

The ABUs: Abu Lahab-Abu Jahal and Abu Kassim

UMNO’s Khir Toyo Excesses

What has been revealed by RPK is not secret. The public already knew about Khir Toyo’s excesses, about the Disneyland trip, the cruise down the River Nile, the Morrocan belly dancers etc. The public already knew about officials of the UMNO Selangor Government under Khir Toyo having a jolly expensive holiday disguised as a technical visit at taxpayers’ expense. The public already knew of the opulent Balinese palace Khir Toyo build costing more than RM24 million, which he claimed was worth less than RM3 million. The public already knew that his new found wealth justified a new handsome plastic surgery face and fair smooth skin which he claimed is achieved by eating tempeh (fermented soya), a traditional food of the Wak Jawa Tempeh my foot!

Before and after Tempe

Former Selangor Menteri Besar Dr Mohd Khir Toyo along with his family and other state officials spent almost RM1.6 million on two overseas trips which included a tour of Paris and Orlando Disneyland.

The late TBH lost his life because of MACC investigation of allege misuse of state fund of RM 2,400. Khir Toyo has his multi million built mansion but no action taken. I think he has workd really darn hard being a general dentist. Syabas Toyo!, my wife (who was his senior and tutor in the dental faculty) is proud of your achievement for being the most workaholic dentist in the world

The public knew he lied not just because they can compare his ‘old” and “new” look, but because there are thousands of Javanese in Kelang and everywhere else in Malaysia and millions more Javanese in Indonesia whose skin is as “sawo matang” (earthen brown) as can be, which no amount of tempeh-eating could make fairer. The public already knew all these lies.

Morrocan belly dancers : another of Khir Toyo's excesses

What the public did not know or could not understand was how such blatant abuses of powers and positions by people given public trust could go unnoticed and unchecked. How such corruption and base greed which had attracted publicity and controversy could escape prosecution. How the ACA and its rebadged entity, now known as the MACC, could conclude there was no case and thus NFA’d these crimes. How a specialised agency like the MACC could fail to identify what, who the criminals were and how the crimes were under the carpet. That is what RPK has done for the public and that is why RPK is regarded as a hero for truth and justice. That is what has enraged the public when RPK is hounded out of the country for exposing the truth about the plunderers of the nation. This is what RPK said:

“The MACC said that these are old cases. The MACC said that there is no evidence of fraud or corruption. The MACC said that the cases have been closed and the files marked No Further Action (NFA). So Malaysia Today is helping the MACC by providing the evidence they can’t seem to find.”

The MACC’s response has been pathetic. Day by day, RPK is showing that the MACC is not serious about eradicating corruption. Day by day, the MACC is shown to have resiled on its own oath and motto. Day by day, MACC is seen as just being another tool of the BN to cover up its own excesses. Day by day, the organs of government is shown to be apparatus of abuses and oppressions. Day by day the PDRM and the MACC are seen as just tools by the Attorney General Gani Patail to further his own interests. That is why the public wanted Musa Hassan hounded out as IGP. That is why the public wants Abu Kassim to fulfil his public pledge. That is why I want PM Najib to realise that AG Gani is a liability to the government and to the country. Already, he tried to play the antics of a naughty school boy in the Pulau Batu Putih Case. He was shown cheating with doctored photographs of Pedra Branca, and was caught out by the International Court of Justice (ICJ).

The Malaysian legal team headed by our Attorney General has resorted to cheating at the International Courts of Justice (ICJ) in The Hague. The Straits Times of Singapore has reported that Malaysia, " in an attempt to convey a subliminal message of proximity between Pedra Branca and the coast of Johor, produced a (plagiarised) photograph which was not an accurate reflection of what visitors to Pedra Branca would see if they were looking towards the Johor mainland ".

It was a shame indeed we were lost Pulau Batu Putih due to cloak and dagger chicanery and ineptitude of our legal team.

The MAS Case

In the MAS case where the national airlines was plundered to the tune in excess of RM8 billion, the AG Gani recommended that the case be NFA’d. If the public did not know why to this day, Tajudin Ramli is not prosecuted, they do now, because AG Gani and TR’s proxy and Mr Fix It , Shahidan Shafie, are the best of buddies. RPK has shown photographs of AG Gani, Tajudin and Shahidan together. Is the MACC going to do nothing about these photographs?

Abdullah Ahmad Badawi, the MAS advisor, should start cracking on the lop-sided monopoly contracts which are against MAS' greater interest. He can start with the LSG Sky Chefs-Brahim's Sdn Bhd catering contract with the national carrier.

In Part 6, RPK showed that the MACC was extraordinarily compassionate with Dato’ Jaabar Kamin, Perangsang Bhd’s CEO, who was supposedly unwell, and decided not to interview him and thus close the case. Yet the MACC interrogated Teoh Beng Hock till he died? The MACC charged Rosli Dahlan despite admitting that he was never a suspect but just needed as a witness? This is what RPK stated:

“The evidence is there. A crime has been committed. It is, however, a ‘technical’ crime. And the party that paid the money should have known it should not have paid the money. So the party paying is the guilty party and not the party receiving the benefit. A very crucial witness is not well so the MACC does not want to stress him further by talking to him. The case, therefore, has to be closed as NFA. And see the names of the MACC personnel on the documents below, people who have already made fools of themselves in other cases involving Teoh Beng Hock, Rosli Dahlan and Ramli Yusuff.”

And what are the names of the MACC officials who did that? Let me list out for you: 1) Azam Baki; 2) Kevin Morais; 3) Razak Musa et al. The very same people who were so decisive and swift in concluding that Rosli Dahlan must be brutally arrested there and then, one day before Hari Raya of 2007 and charged in court. These very people who were so hesitant and compassionate in Tajudin Ramli’s and Khir Toyo’s case suddenly turned hardened investigators and prosecutors against Rosli. Can the MACC’s motto of “Amanah, Tegas, Adil” (Trustworthy, Impartial, Fair) be believed? Is this not a clear case of selective prosecution?

PM : Is this not a clear case of selective prosecution?

In Dato’ Ramli’s case, the MACC charged six policemen, Dato’ Ramli and Lawyer Rosli Dahlan based on the words of a pimp, gangster and murderer, Moo Sai Chin. They believed the word of a criminal over 8 dedicated professionals. In the end, the charges that the MACC made against the six policemen, Dato’ Ramli and Rosli were not for corruption but for some technical offences. Yet, in Khir Toyo’s case, this is what the MACC said in response to RPK’s postings:

“The accusations made in a blog that said SPRM (MACC) did not​ investigate and did not prosecute the suspects based on the investigation reports of three cases is absolutely baseless,” replied the MACC on its official blog, www.ourdifferentview.com, today. “Besides, the cases mentioned were not graft cases. So, don’t try to connect SPRM with this issue and slam them for purportedly not taking action to investigate and prosecute. It is not fair to hit out at SPRM and connect it to the issue of MACC’s frayed image for silencing action on this case,” it said.

What do we have today? The six policemen have been acquitted. Dato’ Ramli has been acquitted of all three “technical” charges. Yet they have not been reinstated during Musa Hassan’s time as IGP. It is now for the new IGP to reinstate them to their posts, rank, command, salary and all entitlements. That is the correct thing to do but not yet done. IGP Ismail Omar, wake up and do the right thing!

Rosli Dahlan: MACC does not what to do with him

As for Rosli Dahlan, the MACC just don’t know what to do with him. They have charged him in so sensational a manner to smear his name and reputation. Yet, on the day he was charged in court, he told Judge SM Komathy from the dock that ” me”. He sued Kevin Morais et all and the MACC for RM 50 million. He sued all the mainstream media – Utusan Malaysia, Berita Harian and The Star. For that, the MACC accused him of arrogance. A man out to redeem himself and is instead accused of arrogance.

The MACC - AG are out to humiliate Rosli Dahlan

Rosli then sent in a very sad representation letter during the recent Ramadan seeking the charge against him to withdrawn. I saw the letter, I shed tears reading the letter. But the MACC stonewalled him. They did not reply to Rosli.

Judgment Delayed and Justice Denied

At the last hearing date on September 6-8, the MACC declined to make oral submissions after closing their case. The MACC DPPs sought to make Written Submissions and got the matter postponed. Yesterday, on October 8 when the case was again mentioned, the MACC tried this delaying tactic again and said they were not free to appear for Rosli’s case until December 20, so the case is further postponed for two months.

Rosli has a broad commercial practice having experience in a wide variety of commercial and corporate disputes and litigation including international arbitration in Europe. He has worked closely with international clients in managing their cross border disputes.

So while everyone has been freed, while the main suspect, Dato Ramli, is already a free man, Rosli’s fate remains uncertain. His life and career remains suspended in animation. What cruelty! Have they not heard of the legal maxim“Justice delayed, is justice denied” ?