Day 6 of Rosli Dahlan’s Trial: Is there something amiss?

Day 6 (January 7) of Rosli Dahlan’s Trial: Is there something amiss?

by Din Merican

After tempers flared, exchanges of caustic remarks and countless objections and intra -submissions yesterday, things toned down in the court room today, the 6th and last day of the trial of Rosli Dahlan.

Mr. Rosli Dahlan from Lee Hishammuddin Allen & Gledhill

DPP Zulqarnain Hassan had earlier on re-stated the Prosecution’s case that neither Dato’ Ramli nor Rosli Dahlan has been charged for corruption. Both the DPP and his witness, PW2 Kevin Anthony Morais, had openly declared that Rosli was a witness, and not a suspect. Rosli  was charged for not complying with the terms of DPP Kevin Morais’ notice issued under s.32(1)(b) of the Act. Therefore, as the Prosecution’s logic goes, Rosli’s allegation of mala fide and conspiracy is irrelevant.

One wonders than why, in Allah’s name, since Rosli was a witness, did the MACC not interview him nicely or asked for his cooperation. Why did the MACC abuse, arrest and charge him if they need his co-operation? Why did the MACC conspire with the mainstream media to widely publicise that Rosli was arrested and charged for hiding assets worth RM27million? Why after doing all that, then on the first day of Rosli’s Trial, the MACC meekly admitted that Rosli was just a witness? Is there something amiss?

After two days of startling revelations, there was no evidence of Dato’ Ramli being implicated in any corruption. After it was shown there were several “cover reports” to hide the true hands behind the conspiracy, and yet none of these cover reports implicated Dato’ Ramli. After it was shown that the informant, Moo Sai Chin of the underworld, was a felonl who was released prematurely from detention under the Emergency Ordinance and the Restricted Residence Enactment, and thereafter he purportedly gave a “covert statement” to implicate Dato’ Ramli, yet lodged no report against Dato’ Ramli.

After it was shown that cover reports R/No. 072/200z and 065/2007 specifically referred to bribes made by Moo Sai Chin to Dato’ Johari Baharom. After it was revealed that IGP Musa Hassan had received RM 2 million in bribes and then launched an anonymous blog which alleged  that, in turn, Dato’ Johari had received RM 4 million, and yet both have been cleared by the MACC; that Moo Sai Chin was the pawn in that feud.

After it was disclosed that  the investigations were incomplete against Dato’ Ramli and Rosli,  Kevin had no basis to issue the notices against them. After all, Kevin had exposed himself to perjury aided and abetted by DPP Zulqarnain who resorted to  behaviour unbecoming of an officer of the court  in disrupting the cross-examination by the defence.

Today, both the DPP and Dato’ Kumaraendran agreed that Kevin be temporarily released for parties to refer to the notes of evidence to check the extent of Kevin’s perjury. That immediately neutralised the electric charged atmosphere in the court room that was prevalent in the last two days.

At 11.45 am today, DPP Zulqarnain informed the court that En Adenan Ismail will appear as the 3rd Prosecution’s witness(PW3). No prior notice was given of this to the Defence and one wonders why the Prosecution cannot disclose its list of witnesses in advance.

This secrecy suggests that there is something untoward in the manner the MACC proceeded against Rosli Dahlan. The tactic of surprise ambush is not consistent with modern day notion of openness and transparency, especially when one seeks justice through the courts as is done by Rosli in this case.

Adenan’s testimony as PW3 was disrupted when DPP Zulqarnain was unhappy with his answers. Adenan is the solicitor who prepared the Sale and Purchase Agreement for Bonus Circle which Kevin had lied about yesterday as having been handled by Rosli. That Kevin had lied about this is already widely known in the legal profession because it is public knowledge that Rosli Dahlan is a litigation lawyer, and not a conveyancer. Why Kevin would lie about Rosli handling conveyancing matters only displayed Kevin’s haste and recklessness in framing the case against Rosli.

When En Adenan gave DPP Zulqarnain a series of answers that the DPP did not like, a veiled threat was made against En Adenan that his evidence is inconsistent with the statement he previously gave to the MACC. DPP Zulqarnain then tried to force En Adenan to look at his previous statement to the ACA. It is startling that the MACC would even intimidate its own witness while they are in the witness box! This caused another  round of legal arguments and the proceedings was disrupted yet again to 2.15pm.

At 2.15pm, submissions and counter submissions were made by both sides. It was a long laborious two hours of  legal arguments. When it all ended at 4pm, the decision on this single point will be announced on Monday,  January 11.

It appears that, like Dato’ Ramli’s trial, Rosli’s trial will also drag on for many more months, if not years, until all this is forgotten by most Malaysians. In the meantime, this Malaysian professional who had stood true to the oath of his profession will be kept languishing waiting for his full vindication. That is the cruelty one faces in this country when one seeks justice from the courts!