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Sunday, July 19, 2015

A-G finally files defence against malicious prosecution suits

Having failed in attempts to dismiss two suits against him and 10 others, Attorney-General Tan Sri Abdul Gani Patail is finally filing his defence through his lawyer Tan Seri Cecil Abraham. – The Malaysian Insider pic, July 19, 2015.Having failed in attempts to dismiss two suits against him and 10 others, Attorney-General Tan Sri Abdul Gani Patail is finally filing his defence through his lawyer Tan Seri Cecil Abraham. – The Malaysian Insider pic, July 19, 2015.
Attorney-General Tan Sri Abdul Gani Patail and 10 others who are being sued for abuse of power and malicious prosecution have finally filed their defence, some 18 months after a corporate lawyer and a retired senior police officer filed two suits claiming combined damages of some RM176 million.
Counsel Parvinder Kaur Cheema, appearing for lawyer Rosli Dahlan (pic, left), said the 6-page document was filed in the Kuala Lumpur High Court registry on July 10.
"Rosli will be responding to the defence before the next case management on July 29," she told The Malaysian Insider.
Gani's counsel Tan Sri Cecil Abraham had previously asked for more time to file the defence and was given until July 6.
A second extension was given by Rosli which expired on July 13.

The document sighted by The Malaysian Insider revealed that the defendants have submitted the defence of bare denial.
Rosli and former commercial crime investigation department chief Datuk Ramli Yusuf filed suits in November 2013 against Gani and the rest for, among others, alleged malicious prosecution over corruption charges.
The courts have cleared them of the (corruption) charges.
In April last year, Vazeer Alam dismissed the application to strike out the suits by Rosli and Ramli, saying the matter must go to trial.
Vazeer Alam had remarked that the A-G, who holds public office, cannot escape suits when they involve allegations of abuse of power.
Ramli, in his RM128.5 million suit, also named former Inspector-General of Police Tan Sri Musa Hassan and 10 others for wrongfully bringing two charges against him.
Rosli, in his suit, is claiming more than RM47 million for conspiring to arrest and charge him in court over an alleged failure to declare his assets.
Rosli named as respondents, Gani, Musa and Malaysian Anti-Corruption Commission chief commissioner Tan Sri Abu Kassim Mohamed in their personal capacities.
The lawyer alleged that Gani had a role in the malicious prosecution.
On April 1, a three-member Court of Appeal bench, chaired by Datuk Abdul Hamid Sultan, also dismissed the defendants' appeal to strike out the suits.
The defendants then filed a leave application in the Federal Court on April 28 to appeal against the Court of Appeal ruling.
Subsequently the defendants also filed an application to stay the High Court order which directed them to file their defence.
However, the hearing in the apex court was adjourned to a date to be fixed.
- TMI

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