Rosli Dahlan Acquitted

BREAKING NEWS: Lawyer Rosli Dahlan Acquitted

After 3 years (since 2007) of seeking justice against offences he did not commit, Lawyer Rosli Dahlan is a free man to resume his legal practice and rebuild his family life. Less than 1 hour ago, Judge Abu Bakar Khattar acquitted him without his defence being called.

Finally, we see justice done, although the pain, agony and humiliation that he and his family suffered as a result of the action of the Attorney-General and MACC cannot be erased. He has been a victim of selective prosecution.

Those of us who have been following his case on this blog must now wish Lawyer Rosli Dahlan and his family a good future from 2011 onwards. I congratulate his Defence Team led Dato Kumaraendran for a professional job well done. They put up an excellent fight to win Lawyer Rosli’s freedom.

What about DPP Kevin Morais?

One lingering question remains and that is of DPP Kevin Morais. He lied under oath and the Attorney-General should open a file and investigate DPP Morais on charges of perjury. This is a serious matter and must not be swept under the carpet. No one is above the Law or below it.—Din Merican

[More to Come]

December 20, 2010

Rosli Dahlan Acquitted

by Din Merican

This morning, I was in the Criminal Sessions Court No.10 as early as 9 am to witness the crowd building up to a packed gallery with friends and supporters of Lawyer Rosli Dahlan, amongst them Dato’ Ramli Yusuff and his partners including his bailor, Mr Andrew Chew. At 9.50 am Rosli walked in with his lovely wife, children and his family members. At 9.55 am, his counsels Dato’ C Vijaya Kumar, Dato’ Kumaraendran and Chetan Jethwani took their seats and Rosli walked into the accused person dock.

At 10 am sharp, Judge Abu Bakar Katar came out of his chambers to an already packed courtroom. The case number was called and the court interpreter asked Rosli to stand up. Rosli stood up and bowed to the Judge who smiled to acknowledge the respect which Rosli accorded the Court.

Without much ado, the Learned Judge delivered his judgment in a soft deliberate voice, almost inaudible, but clearly as follows:

1) That the Prosecution had no basis nor reasonable grounds to issue a Notice against Rosli under s. 32(1)(b) of the Anti-Corruption Act (“ACA”);
2) That the Prosecution had no basis to consider Rosli as an “associate” of Dato’ Ramli Yusuff;
3) That the Prosecution has failed to prove that Rosli did not comply with the Notice;
4) That the Notice was wrongful.

Rosli bowed to thank the Judge, and just as quickly as he came in, Judge Abu Bakar Katar immediately exited to his chambers.

There was a sudden stir, joy and laughter. From the dock, Rosli expressed his gratitude quite audibly – “Alhamdulillah!” which means Praise be to God. There was an exclamation from one of Rosli’s lawyer friends – “This proved Kevin Morais is a Liar!”. I also heard Dato’ Kumaraendran remarking that “The court should come hard to denounce public officers who lie under oath!”.

I saw reporters swarming DPPs Zulqarnain and Sophian who were ashen faced with this firm judgment which proved that Rosli was victimised and, despite his innocence, had to suffer 3 long years to vindicate himself. I overheard the DPPs trying to soften the impact of the judgment by giving some technical explanation. No doubt the mainstream media will do what needs to be done to deflect any negative consequence.

Rosli in his crowning glory!

I saw Rosli’s wife and children giving way for him to be hugged by Dato’ Ramli, his counsels, supporters, friends and partners before they took their turn to give him their assuring hugs. I then heard Rosli addressing the media with a very humbling speech as follows:

Alhamdulillah, Praise be to The Lord, The Compassionate, The Merciful.

By His Grace, justice is done today. It has been a long wait for me to seek self vindication – 3 long years to be exact. While some consider it as an irony of fate, I have no hesitation in saying that it is man’s doing that I was charged first before the principal suspect was charged. And that I am only acquitted long after the principal suspect had been acquitted.

For that, I apologise to my wife and children for putting them through this period of deep shame and disgrace, for which they have never complained but stood steadfastly by me. It was agonizing for my immediate and extended family that the mainstream media had portrayed me as a dishonest lawyer who had hid assets belonging to a crooked senior police officer.

The mainstream media had been unfair to me by sensationalizing adverse unverified stories against me and then failing to report facts favorable to me. Their actions amounted to conspiratory conduct with, what I consider, rogue elements in the government. The mainstream media should realize that their survival depends on the credibility of the news they carry. Thus, they owe a duty for fair and accurate reporting and not to be a medium of propaganda for any agenda.

I thank the Learned Judge Tuan Abu Bakar Katar for delivering justice, as it should be, and in showing that the bench at the subordinate courts is anything but subordinate. Today’s decision affirms the assurance by the Chief Justice that the Judiciary is independent, and it should remain so.

I thank my family, my close friends, the Mosque Committees of my neighborhood, the Ustazs and the Alims who continuously made doa’ for me that gave me much solace during these difficult times.

I thank the Partners of my law firm for their full confidence that gave me the courage and dignity to stand by what I believe to be the right thing for me to do as a professional and ethical practitioner. And I thank them for posting my bail.

I thank all the supporters of justice out there who had tirelessly brought forth to the public’s attention the injustice of the case made out against me. At some point I began to wonder if my case would be jeopardized because of the things that were written by the alternative media. But, since the intentions seemed sincere enough, I would like to acknowledge that.

On a personal level, I can now appreciate the public’s perception of oppressive laws where those vested with authority over us flagrantly manipulate their powers to achieve a certain objective. I fully subscribe to the principles of the civil liberties movement that we, as Malaysians, must remain vigilant against elements that can turn this country from one governed by the Rule of Law to one that is enslaved by the Rule by Law.

I was struck by Rosli’s thank you speech which was very deep and meaningful. Even at a time of his victory, Rosli remained composed as to what all this actually meant. This is a man with a purpose. This is a man who we should put into Parliament!