Case against top cop Ramli Yusuff dismissed

Government loses final bid to overturn Sessions and High Court decision to acquit former Sabah police chief Ramli Yusuff on a graft charge

KOTA KINABALU: The Court of Appeal here affirmed the acquittal of former Sabah police chief Ramli Yusuff of a graft charge.

Court of Appeal judge Sulong Matjeraie, who sat with High Court judges Mohamed Apandi Ali and David Wong Dak Wah, unanimously dismissed the prosecution’s appeal against the High Court’s decision to uphold the July 27, 2009 Sessions Court’s ruling to acquit Ramli.

“We see no reason to disturb the concurrent finding of facts by the two courts,” Sulong said after having heard submissions by deputy public prosecutor Ahmad Bache and Ramli’s counsel Shafee Abdullah on Monday.

On March 18, last year, the then High Court judicial commissioner Abdul Rahman Sebli affirmed Sessions Court judge Supang Lian’s decision in finding Ramli not guilty and acquitted him without calling for his defence at the end of the prosecution’s case.

Rahman held that the trial judge was right in her finding that the prosecution failed to establish a case against Ramli.

Ramli was charged with abusing his position as the Commercial Crime Investigation Department (CCID) director for his gratification by issuing directions and using a police aircraft to fly over Lot PT2003110300 and Lot PT 2003110332 situated in Ulu Tungku in order to view the land in which Kinsajaya Sdn Bhd had an interest.

He was also alleged to have an interest in the said company. The alleged offence took place at about 7.50am on June 15, 2007 at the Police air wing units in Tanjung Aru here.

The charge under Section 15 (1) of the Anti-Corruption Act 1997 and punishable under Section 16 of the same Act carries mandatory jail sentence of between 14 days and 20 years and a minimum fine of RM10,000, upon conviction.

The prosecution called 75 witnesses during the trial that lasted 49 days between May 13, 2008 and July 6, 2009.

Security concern

Earlier in his submission, Ahmad, among others, told the court that Ramli should be called to enter his defence. He said Ramli’s instruction to divert the aircraft’s route showed that he wanted to view the land in question in which he had an interest.

Ahmad told the court that when Ramli directed the flight to go to Dent Haven, he had knowledge that the land was in the vicinity of the area.

“The learned Sessions Court judge failed to see this,” he said.

In his rebuttal, Shafee informed the court that there was no such request made by the respondent.

He said that Ramli went to Dent Haven merely to inspect the security of that area taking into consideration his previous position as the Sabah police chief.

Shafee said Ramli would be surely well aware of the situation along the coastal line and that the latter had the right to inspect the security in Dent Haven relating to piracy, the Abu Sayyaf terrorist group and other threats.