Prosecution not appealing ex-Labuan MP's acquittal

 

The prosecution is not appealing to the High Court against the discharge and acquittal of former Labuan MP Rozman Isli over an abuse of power case linked to his previous tenure as Labuan Port Authority (LPA) deputy chairperson in 2018.

The Warisan member’s counsel, Muhammad Rafique Rashid Ali, today confirmed that prosecutors have not filed any notice of appeal within the 14-day period from the decision of the lower criminal court on June 26.

“The prosecution has not filed any appeal and the time period for the filing of appeal lapsed on July 10,” the lawyer said when contacted.

As the acquittal decision was delivered by the Sessions Court in Kuala Lumpur on June 26, the country’s criminal law only gives the prosecution until July 10 to file any notice of appeal to the High Court.

Malaysiakini is attempting to contact the prosecution team over the matter. 

Collective decision

On June 26, the lower criminal court acquitted Rozman (above), ruling that the prosecution failed to establish a prima facie (answerable) case against the former Labuan MP.

Rozman was tried for allegedly using his then position as deputy LPA chairperson to solicit bribes for an employment contract - to operate Dermaga Merdeka Pelabuhan Labuan - for Labuan Liberty Port Management Sdn Bhd (LLPM), in which his father and younger brother have an interest.

Judge Rozina Ayob had ruled that Rozman, who was only a deputy chairperson at the time, never influenced the LPA board meetings, as the prosecution witnesses had testified.

The judge pointed out that the board meetings - chaired by then LPA chairperson Wee Jeck Seng and current Tanjung Piai MP - made a collective decision on the issue of the contract.

Higher power

Rozina noted that the meeting was chaired by Wee, who had the higher power at the time, and that no prosecution witnesses said that the accused tried to influence the meeting so that only Labuan Liberty Port Management would be appointed.

She also pointed out that the prosecution’s failure to call Wee to testify for them adversely interfered with their case.

The prosecution closed its case on March 6 after calling 24 witnesses to the stand.

On Oct 14, 2021, Rozman, 58, claimed trial to the single graft charge.

He was alleged to have committed the offence at the TKSU meeting room, Level 9, Transport Ministry, Jalan Tun Hussein, Precinct 4 in Putrajaya, between 2.30pm and 5.30pm on March 21, 2018.

Rozman was the Labuan MP from May 5, 2013, until Nov 19 last year.

The charge is framed under Section 23(1) of the MACC Act, which is punishable under Section 24(1) of the same act with a maximum 20-year prison sentence and a fine of five times the amount of the bribe, or RM10,000, whichever is higher.

During a press conference held immediately after he was charged, the Warisan member claimed he was hauled to court over his refusal to defect from Warisan and back the then Perikatan Nasional administration. - Mkini