A case that can teach MACC to be humble

The anti-graft agency should just apologise to the magnanimous Rosli Dahlan and move on.

COMMENT

The abduction and murder of DPP Kevin Anthony Morais has brought the case of lawyer Rosli Dahlan against the MACC and former Attorney-General Abdul Gani Patail into the limelight again.

When Kevin disappeared many news portals made reference to the fact that Rosli had sued him as one of the defendants in a case that dated back to 2007 and became famous as the Copgate Affair. That was mischievous since it implied that Rosli might have something to do with Kevin’s disappearance.

The arrest of Kevin’s alleged abductors raises the question of what has become of the MACC.

The arresting officer who abused Rosli, A Mohan a/I Muthaiyah, has himself been charged for corruption and was convicted. The MACC’s No 1 and No 2 are now nowhere to be seen. Gani himself has totally disappeared from the public eye since he was unceremoniously sacked as Attorney General. And now, Kevin Morais is dead. So what happens to the case against them?

In 2012, Rosli wrote this impassioned plea to MACC’s No 1, Abu Kassim Mohamed:

“I implore you not to allow this sacred institution (MACC) to be used as tool of oppression and persecution in the guise of false prosecution against innocent citizens. Otherwise, you will one day see your own hands in the destruction of t‎his institution.”

If the MACC and Gani had heeded the plea, the case would probably have ended. Instead, Gani chose to display his power and test his immunity in court, which resulted in Judge Wazeer Alam Mydin Meera delivering this damning judgment:

“The claim of absolute immunity is anathema to the modern notion of democracy and accountability and against the rule of law.”

Gani and the MACC then appealed to the Court of Appeal, insisting on their absolute immunity. They again lost. They then filed an application to the Federal Court for leave to appeal on the issue of AG’s immunity.

That application was heard this morning before Chief Justice Zulkifli Makinudin and Federal Court Judges Hamid Embong and Ahmad Maarof.

MACC’s counsel, Cecil Abraham, informed the court that the defence needed to substitute Kevin’s estate as a defendant and asked for the matter to be stayed indefinitely.

Rosli’s counsel, Chetan Jethwani and Parvinder Kaur, told the court they had been instructed to express Rosli’s deepest sympathy and condolences to Kevin’s family.

Chetan also said Rosli would give as much time as needed by the defence to sort out the issue. The court granted a limited stay, saying Cecil had until November 26 to make the substitution.

One must credit Rosli for his magnanimity, considering the events took place in 2007. Rosli has also been on record as expressing support for the MACC in its recent troubles.

Nevertheless, this is one battle in which the forces of nature seem to be against the defendants. This is one case from which MACC should learn humility. It should apologise to Rosli and settle.