Lawyer Rosli Dahlan was fixed so that a Criminal Can Be Released

Rosli Dahlan’s trial will resume on January 5 through to January 7, 2010 at Special Criminal Sessions Court No:10. Already MACC Officer Azmi Ismail had testified that Rosli was never considered a suspect in any investigation by the MACC. The Prosecution’s star witness, DPP Anthony Kevin Morais, who is also MACC Deputy Director of Legal and Prosecution, being the person who had issued to Rosli the s. 32 Notice, further confirmed that not only was Rosli not a suspect, but Rosli’s role was just to help MACC as a witness in the investigation on Dato’ Ramli.

So Rosli is now a witness. Not the way the mainstream media had previously quoted MACC sources as saying that Rosli is wanted for hiding Dato’ Ramli’s alleged RM 27 million assets. The mainstream media and the MACC have been very quiet about this story that they previously publicised widely.

DPP Zulqarnain Hassan even emphasised several times in his submission before Judge Abu Bakar Katar that Rosli’s allegations that he was “Fix-Up is not relevant because neither Rosli nor Dato’ Ramli was charged for corruption. They were charged for failing to comply with the terms of the s.32 Notice”. So now you have it, this is not a corruption case after all.

In my previous posting, I narrated that DPP Kevin Morais was very evasive when cross-examined by Rosli’s counsel, Dato’ K Kumaraendran. Kevin appeared to come to court unprepared without the documents that were critical to the case. He claimed not to be aware or remember facts that he had testified about just the day before in the trial of Dato’ Ramli. To top it all, the trial was taken off on the third day to allow Kevin Morais to take time off to England to celebrate the Christmas holidays. That is the most absurd reason I have ever heard of.

Consider this – the case was so urgent that the MACC must arrest and charge Rosli on the eve of Hari Raya Aidilfitri of 2007, and when Rosli was to have his day in Court in 2009, Kevin needs time off to go on holiday! Such cavalier attitude by these officers of the august A-G Chambers. Charge a person and then let him rot!!!

The public also does not need to be reminded of the MACC’s very bad track record of how it treats witnesses. Teoh Beng Hock was found dead, which according to the Dr Pornthip, the Thai pathologist, Teoh was murdered. Tan Boon Wah was detained for long hours until early morning whereas under Rule 20 Lock up Rules 1953, prisoners and suspects are to be rested between 6.30 pm to 6.30 am. And what was all that for? A mere allegation of abuse of wakil rakyat’s allocation for RM 2,400!


In the case of Lawyer Rosli Dahlan, his office was stormed, he was shouted at in front of his staff, then assaulted and handcuffed until his wrist bled only to be publicly paraded for maximum humiliation the next day. Violations of fundamental rights cannot be more evident than in these three examples.

Yet today, RPK’s post made a startling revelation of an SD by the ADC of IGP Musa Hassan that Rosli was fixed to frighten off anyone who dare to go against IGP Musa Hasan and the A-G Gani Patail. Why? So that a criminal can be released! Although, the SD did not mention by Rosli name, it is unmistakeable that paragraph 14 of that SD referred to Rosli. That paragraph reads:

14. A sense of fear also gripped many within PDRM and outside when not long after that, in October 2007 during Ramadan, the lawyer who assisted CCD in the Goh Cheng Poh @ Tongku matter (after the A-G Chambers declined to prepare affidavits for these CCD), was himself arrested in a most humiliating manner and charged in court one day before Aidilfitri.”

Read on what RPK revealed in the posting below:

The IGP wants the British police to detain me and to send me back to Malaysia. He believes I am in London and am living in a luxury flat in Bayswater. But why does he worry so much about me when I am sure he has other bigger problems on his hands? Well, I suppose one of the many, many reasons is this Statutory Declaration about his dirty dealings, which I revealed earlier.

NO HOLDS BARRED

Raja Petra Kamarudin

STATUTORY DECLARATION

I, XXXXXXXX Police I/C No: XXXXX, a Malaysian citizen of full age and residing at XXXXX Kuala Lumpur, do hereby sincerely and truly affirm and say as follows:-

I joined Polis DiRaja Malaysia since XXXXX and am currently serving as XXXX am the aide de camp (ADC) of the Inspector of Police Tan Sri Musa Hassan (IGP Musa) XXXXXX

2. During the period that I XXXXX as ADC to IGP Musa, I observed many things that caused me to lose confidence in the leadership of IGP Musa. Many of his actions undermined the integrity and credibility of PDRM as the principal law enforcement agency entrusted with the maintenance of law and order of the country.

3. On many occasions, I observed that the public persona displayed by IGP Musa is totally opposite to his private conduct and actions which are unknown to the public and the Government. IGP Musa’s actions constitute a betrayal of his oath of office as the country’s No. 1 Policeman which in Malay would be considered as “Pengkhianat.”

4. I became disillusioned when Dato’ Christopher Wan, then Director CID, revealed to me that IGP Musa had directed a covert blog to be set up to make allegations of corruption against Dato’ Johari Baharom, then the Deputy Minister of Home Security. Dato’ Johari Baharom became the subject of an ACA investigation which damaged Dato’ Johari’s credibility.

5. I am also aware of various statutory declarations made by several policemen, police informants and subjects of police actions showing linkages between IGP Musa and the underworld, specifically concerning the RR detainee, Goh Cheng Poh @ Tongku, and one shadowy figure, BK Tan.

6. Based on my personal knowledge and involvement as the ADC to the IGP, I can confirm that the statements made by these deponents concerning IGP Musa are true and do correctly reflect the events as described by them about IGP Musa.

7. In specific reference to the events narrated in the SDs of ASP Mior Fahim Bin Ahmad (G/13237) and ASP Hong Kin Hock (G/10990) about the manipulations of promotions, ranks and postings in the hierarchy of the PDRM involving BK Tan, these are indeed true. I have personal knowledge and involvement in that I was asked, as ADC, to compile and co-ordinate such posting orders based on the drafts and proposals made by BK Tan. A copy of this draft which was subsequently implemented as police posting orders is marked herewith as Attachment “A”.

8. Officers were transferred to achieve certain objectives. In some cases, there were entrapments that made certain officers appear guilty of wrongdoings. In others, allegations were made against certain officers that resulted in them being given either 24 hour transfer orders or short notice transfers. This gave the impression that IGP Musa was eradicating corruption and abuses within PDRM, whereas in most cases that was furthest from the truth.

9. The credibility of these officers would be demolished such that whatever information they have gathered about IGP Musa would be discredited. These officers would suffer hardships being transferred away from their family and home base. They will also get bypassed in promotions and will suffer disciplinary actions without the proper process. Consequently, less able officers climbed the ranks and the victimized officers were used as warnings against others of similar consequences. This process of “mencantas” explains the apparent lack of ability by PDRM to tackle crime, the lack of motivation and low morale within PDRM that saw crime escalating at an alarming rate during the tenure of IGP Musa.

10. I tried to inform the higher echelons in PDRM about this matter in the hope that these superior officers could do something about the matters I have witnessed. Among those whom I had spoken to were:

a) Tan Sri Najib, former DIGP;

b) Dato’ Amir Sulaiman, Ex-Director of Admin;

c) Dato’ Kamaruddin Ali, Director of Admin;

d) Dato’ Othman Salleh, Chief of Police Negri Sembilan;

e) Dato’ Khalid, Chief of Police Selangor;

f) SAC II Lau Hong Soon.

11. When nothing was done about my complaints, I also raised this with some people outside PDRM namely:

a) former IGP Tun Haniff Omar;

b) Dato Johari Baharom, former Deputy Home Minister;

c) Dato’ Radzi Sheikh Ahmad;

d) Tuan Che Md Ismail of the Police Force Commission and another member of the Commission.

12. I also informed Dato’ Ramli Yusuff, the former Director CCD, whom I knew had been IGP Musa’s superior for 6 years and who, at that time was investigating some money lending syndicate linked to IGP Musa. I believe Dato’ Ramli would have reported this information to the Deputy Home Minister within the scope of his investigations on the money lending syndicate.

13. However, nothing much could be done when IGP Musa was given an extension of service of 2 years in July 2007 by the previous Prime Minister who was also the Home Security Minister. This served as a powerful endorsement that the Government is fully behind IGP Musa.

14. A sense of fear also gripped many within PDRM and outside when not long after that, in October 2007 during Ramadan, the lawyer who assisted CCD in the Goh Cheng Poh @ Tongku matter (after the A-G Chambers declined to prepare affidavits for these CCD), was himself arrested in a most humiliating manner and charged in court one day before Aidilfitri.

15. The message was clear that IGP Musa had the support of the ACA, the Attorney-General and the Prime Minister in all his actions. This fear, amongst officers in PDRM, translated into a need for self preservation after six rank and file policemen and Dato’ Ramli were charged for various offences. Not long after that, the A-G ordered the release of the said Goh Cheng Poh @ Tongku. Many in PDRM became demoralized that a criminal is released by resort to legalities whereas our own fellow brothers were charged.

16. It is not my intention to be disloyal to IGP Musa, but I feel guilty if I am contributory to this cancer spreading within PDRM. I am a career police officer and I have pledged to serve and defend PDRM and the country.

17. I am not unaware that I may be exposed to dangers by swearing this SD, but all that I have stated above are the truth, the whole truth and nothing but the truth. I hope that what befell the 6 policemen, including Dato’ Ramli Yusuff, who are all facing prosecution, will not happen to me. Many of these officers who were charged ended up becoming taxi drivers, security guards etc which caused great hardships to their families.

18. Even if they are acquitted by the courts, as have recently happened to C/Insp Nordin, Cpl Wong and Dato’ Ramli, sufficient damage are already done to their careers and families. There is the added fear that the A-G Chambers will also appeal against the acquittals and drag these matters further until they are totally forgotten.

19. I hope that I will be given protection by the Minister and the Government for making this disclosure as it is made with the hope to improve PDRM in expectation of a new leadership era under DIGP Tan Sri Ismail Omar and that there should be an end to the persecution of officers who dare to do the right thing.

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provision of the Statutory Declaration Act, 1960.

SUBSCRIBED AND SOLEMNLY )

DECLARED by the abovenamed );;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;

at Kuala Lumpur this)

day of 2009 ) …… …

=

————————————-

Commissioner of Oaths





comment


Will justice be served?
The facts of the case made my stomache churned!!
Yet we know of a certain Appeals court judge[now] who can declare all evidence for the defendant irreelevant.
I can but pray that Rosli will get his day in a real court of justice and be adequately compensated for his trauma!!