A-G, 11 others bid to dismiss suit by former CCID director

(The Star) - Attorney-General Tan Sri Abdul Gani Patail and 11 others will file an application to strike out a suit by former Commercial Crimes Investigation Department (CCID) director Datuk Ramli Yusuff (picture) against them for wrongfully bringing two charges against him.

Senior federal counsel Shamsul Bolhassan, acting for Abdul Gani and 11 others, informed Judicial Commissioner Vazeer Alam Mydin Meera about the matter at case management Monday.

Shamsul said the court had given them until Dec 16 to file the application.

"The hearing of the application has been fixed for Feb 19," he said.

The court later fixed Jan 16 for the next case management.

In the suit filed on Nov 1, Ramli is suing Abdul Gani, former Inspector-General of Police (IGP) Tan Sri Musa Hassan and 10 others for wrongfully bringing two charges against him.

Other than Abdul Gani and Musa, Ramli also named Anti-Corruption Agency (ACA) head of prosecutions Datuk Nordin Hassan, deputy public prosecutor Kevin Anthony Morais, Dept Supt Chew Kam Soon and ACA investigating officers Chew Kam Soon, E. Sok One, Saiful Ezral Ariffin, Azmi Ismail and Wan Abdul Rahman as the defendants.

The other three defendants named were the Malaysian Anti-Corruption Commission (MACC), police and the Government.

In his statement of claim, Ramli said he was appointed as the CCID director on May 2, 2006 and was indicted on Nov 1, 2007 on charges under the Penal Code and Anti-Corruption Act 1997.

Ramli said between Dec 1994 and Dec 2001, he and Musa served as officers in the Criminal Investigations Department in Bukit Aman, where he was Musa's immediate superior officer.

Ramli alleged that in or about 1998, Musa and Abdul Gani were implicated as having fabricated medical evidence in the "black eye" incident involving the assault and injury while in police custody of the then Deputy Prime Minister Datuk Seri Anwar Ibrahim.

He said at the same time Musa, Abdul Gani and Nordin were also involved in the investigation and prosecution of Anwar, which became infamously known as Sodomy 1.

The plaintiff said these individuals forged a relationship with each other in the face of allegations that they had colluded to fabricate evidence and manipulate the course of justice with regard to the charges brought against Anwar in which Musa became dubbed as the "mattress carrier".

He said in or about 2001, he was directed by the then IGP Tan Sri Norian Mai to issue several show cause letters to Musa concerning breaches of discipline, procedure and protocol.

Ramli claimed that since Sodomy 1, Musa had a mecurial rise in the police force and went on to become deputy IGP in 2005 and in September, 2006 became the IGP while he (Ramli) became CCID director.

He alleged that in 2007, Abdul Gani and Musa enlisted Nordin, Kevin, various MACC officers and the police to cause investigations to be made against him and subsequently caused him to be charged with various offences.

The plaintiff alleged that when he was acquitted of all the charges, Abdul Gani in bad faith appealed against the acquittals at the High Court and Court of Appeal.

He claimed that subsequent to his acquittal and vindication by the Sessions Court, High Court and Court of Appeal, he met government leaders and requested the Government to restore his various rights and privileges.

Ramli said he also notified his intention to file legal suits against the defendants for his wrongful prosecution but he was asked to withhold his suit. He claimed various promises were made to him if he were to withhold his suit until after the 13th General Election, which was held in May.

He said after the elections, various promises that were previously made to him were not fulfilled.

The plaintiff sued the defendants, among others, for conspiracy, false and malicious investigation, abuse of power, abuse of prosecutorial discretion, malicious prosecution and prosecutorial misconduct, claiming they had acted with ill-will, recklessly or intentionally, to injure him.

He said the defendants or any two or more of them also conspired with several mainstream newspapers - namely Utusan Malaysia, Berita Harian, The Star and New Straits Times - to defame and destroy his reputation and integrity.

Ramli is seeking special damages amounting to RM1.5mil; punitive damages of RM50mil; aggravated damages of RM50mil; exemplary damages of RM27mil; general damages; costs on solicitor-client basis and such further or other order or relief which the court thinks fit and proper.