Rosli Dahlan’s Trial : The Liar Kevin Morais, Deputy Director of Prosecution of MACC buried in his lies!

by Din Merican

This morning I wrote a short piece about the lies perpetuated by the guardians of our institutions in newspapers, in parliament and even in the courts. I promised to report about Rosli Dahlan’s trial specifically because the mainstream media (MSM) have blacked out everything about this case. The reason why the MSM is doing a black out is quite simple. PDRM’s image as the principal law enforcement agency cannot be redeemed for so long as  Musa Hassan is IGP. PDRM is a lost cause for now especially with the point blank shooting of 15 year old  school boy, Amiruldin.

The government needed a law enforcement agency with some credibility that can be used to attack the opposition as well as to stem the people’s frustrations with all the ills that is plaguing the country. Even sleepy head Abdullah Badawi realised that. So, they rebranded the ACA and called it the MACC, and rushed the MACC Act through Parliament. As in every rushed job, the leakages and defects started to show soon enough. In the case of the MACC, that it has become a monster is evident almost immediately. The MACC was used to bring down the PR Perak state government. The people were upset. Then Teoh Beng Hock was killed while in the MACC’s custody. The people became angry. To add insult to that death, the MACC tried to cover it up. The people are enraged. Confidence in the MACC is as good as gone.

In that context, the Rosli Dahlan’s trial would expose the truth about the MACC. The facts and evidence would show that the MACC has become more rotten than PDRM. The government cannot afford that. The MACC cannot afford that. So the best way is to black any news about it as the expose’ in this case would put to waste all the PR efforts and the huge sums of money spent to rebuild the MACC’s image. And that is what I saw this morning observing the court proceedings from the public gallery.

During the previous trial days in December 2009 and January 2010, the Deputy Director of Prosecution of the MACC, Anthony Kevin Morais, was already exposed as a liar. He twisted and turned on much of his testimony. When twisting and turning dug him into a deeper hole, he became evasive. This morning, upon realising that he cannot forever be evasive in answering questions from Rosli’s counsel, he used his subordinate, DPP Zulqarnain who conducted the case, to shield him from Dato’ Kumaraendran’s penetrative questions.

The trial started with DPP Zulqarnain making a lengthy legal submission as to why Dato’ Kumaraendran should not be allowed to continue with the cross examination of Kevin Morais . DPP Zulqarnain quoted extensively Sarkar on Evidence, which according to him was the mother of all books (which made him sound like a losing Saddam Hussein), as to why Kevin should not be further punished as he had already spent 3 days on the witness stand. This invited a sharp retort from Dato’ Kumaraendran that DPP Zulqarnain was being disrespectful to the court by delivering his unsolicited lecture. Dato’ Kumaraendran also said that Kevin had only himself to blame for twisting and turning resulting in one question becoming ten questions, and which eventually became a tighter noose around the lying veins in his neck.

Judge Abu Bakar Katar must have been revolted by the childish antics of these two senior MACC DPPs that he ordered the trial to proceed without wasting any more time. When asked if he was aware that in Dato’ Ramli’s trial Judge Gunalan had found that the s. 32 Notice issued against Dato Ramli to be bad in law, Kevin started a series of his evasive  replies by answering  “Tak Tahu” to all the questions. Kevin must have practised “Tak Tahu” like a parrot that he also answered “Tak Tahu” when asked if he knew that Dato’ Ramli had been acquitted by that court. This provoked Dato’ Kumaraendran to ask “You tak baca surat khabar kah?” to which he again answered “Tak tahu”. Dato Kumarendran sarcastically retorted “ Apa you tak tau baca kah?” and the reply was  again “Tak Tahu”! The gallery burst out laughing!

Dato’ Kumaraendran then methodically asked Kevin a series of more penetrating questions which showed that if Dato’ Ramli has been fully acquitted without his defence being called, and if there is no predicated offence by the principal actor, how could a subsidiary charge against Rosli be sustainable? Suddenly, Kevin’s amnesiac “ Tak Tahu” ended with an arrogant reply – “We have appealed, so the charge against Rosli can still proceed!”. A very intelligent and firm reply indeed.

However, to the observers at the public gallery, Kevin’s answers were so ridiculous. Here was the Deputy Director of Prosecution of the MACC appearing as a witness saying that he did not know what was said by the other witnesses in Dato’ Ramli’s trial. Here was the Deputy Director of Prosecution of the MACC saying that he did not know what was said by and the findings of the Judge in Dato’ Ramli’s trial. Here was the Deputy Director of Prosecution of the MACC being contemptuously evasive and he was tolerated by the Court. Here was the Deputy Director of Prosecution of the MACC who simply can’t be bothered with the consequences of his actions. He couldn’t be bothered that he had destroyed the life and family of innocent citizens. And how do we justify entrusting into the hands of  people like Kevin Morais the valuable institutions of our country?

Kevin’s conduct was simply repulsive. When asked about Rosli’s unlawful arrest; how his office was stormed; the brutality he suffered; his bloodied wrist; why he was not allowed to lodge a police report and seek medical attention; why his wife and children were refused access to see him; why he was thrown into lock-up on a Ramadan night; what is the urgency of charging Rosli one day before Hari Raya 2007, Kevin couldn’t be bothered. He was not bothered that the charge against Rosli was not for corruption. He was not bothered that none of the information connected Rosli to any wrong doing.

All he was bothered was that he carried out his instructions. And his instructions came from his superior, Dato’ Nordin Hassan, that Rosli had acted for and rendered assistance to Dato’ Ramli. That Rosli was the stumbling block to the conspiracy by IGP Musa Hassan and A-G Gani Patail to use the MACC to bring down and eliminate Dato’ Ramli from PDRM. As a stumbling log, therefore Rosli Dahlan must also be brought down.

That was the biggest mistake Kevin made. In the next sweeping questions, Dato’ Kumaraendran exposed that Dato’ Nordin Hassan too had benefitted from Rosli’s services. That in 1998 Dato’ Nordin Hassan had asked Rosli to act in a long unresolved family dispute over land inheritance dating back to 1956. That in 2000, Rosli Dahlan had secured payment from the government amounting to RM 6.5 million and then distributed that money to Dato’ Nordin Hassan’s family under the terms of a Settlement Agreement. That begets the question, how was it that when Rosli rendered services resulting in recovery of RM 6.5 million for the family of Dato’ Nordin Hassan, Rosli was said to be acting perfectly legal? How was it that when Rosli rendered legal services to Dato’ Ramli Yussuff over similar Islamic Hibbah and estate planning matters, suddenly Rosli became a crooked lawyer? This is something for Dato’ Abu Kassim and the MACC Advisory Panel to ponder on.

The next part of the trial saw both DPP Zulqarnain and Kevin Morais ferociously trying to block any questions relating to Dato’ Nordin Hassan. Why were they shielding Dato’ Nordin Hassan? Word has it that Dato’ Nordin Hassan is eyeing the A-G’s post after Gani Patail steps down. Word in Kevin Morais’ close circle is that he expects to be elevated to be a High Court Judge. Therefore, if you are in the Judicial and Legal Service, you will need friends in high and powerful places. How do you think VK Linggam was caught on tape lobbying for such positions for his allies and friends. Because that is how things work in Malaysia!

That is what I want Malaysians to know and realize – that we need upright and incorrupt intellectuals leading our public institutions. Not mediocre characters who cannot stand on their own merits. The case of Dato’ Ramli and Rosli Dahlan is a study in the contrast. Compare the achievements of Dato’ Ramli against Musa Hassan and we see that contrast.

As for people like Kevin Morais, he must be exposed so that he can never helm any high public office or institutions which require the highest integrity. I hope that Judge Abu Bakar Katar would expose Kevin Morais for the liar that he is throughout this trial. Judge Abu Bakar Katar needs to only see how Judge Gunalan had discredited Kevin’s notice as invalid against Dato’ Ramli Yusuff. He should be as courageous as the Sabah  Judge Supang Lian, who had denounced IGP Musa Hassan as an incredible witness whose testimony is not to be  believed, and denounce Kevin as a liar and bury him with all his lies.”