Monday, May 19, 2014

ROSLI DAHLAN: AN EMERGING HUMAN RIGHTS AND CIVIL LIBERTIES LAWYER

In November 2013, Rosli Dahlan filed a suit against A-G Abdul Gani Patail, former IGP Musa Hassan, and Malaysian Anti-Corruption Commission (MACC) chief Abu Kassim Mohamed in their personal capacity. Rosli also named MACC prosecution head, Abdul Razak Musa, its former prosecution head, Nordin Hassan, and Razak’s deputy, Anthony Kevin Morais, the MACC, the Malaysian police, and the Malaysian government, as among the 11 defendants.
So there you have it. Rosli is practically taking on the entire Malaysian government for his arrest and assault and the lies they spread about his so-called ‘corruption’. Now that all the lies have been proven just that, lies, he is going to nail their balls to the wall and hang them by their dicks.
Further to that, Rosli sued the government-owned mainstream newspapers — Utusan MalaysiaNST, and The Star. You can read more about that story below.

For almost seven years, Rosli has been battling the government for what they did to him. And his only ‘crime’ was that he represented the number three in the Malaysian police force against the false allegation of corruption. The government had alleged that this police officer was corrupt and had accumulated assets worth RM27 million.
The MACC, however, did not charge this police officer for corruption. They eventually charged him for non-declaration of assets. And it was not for RM27 million but for a much lower figure. Rosli then represented this police officer and managed to prove that the police officer had, in fact, declared his assets, contrary to what the MACC alleged.
But why were they so bent on ‘getting’ this police officer, even if under fabricated criminal charges if necessary? Well, the answer is very simple. This police officer investigated the abuse of power and corruption in Malaysia’s national airlines, MAS.
This police officer uncovered serious abuse of power and corruption that went all the way to the top and involved those who walk in the corridors of power. And this resulted in MAS losing billions. And this, of course, has now been proven and even Prime Minister Najib Tun Razak said this week that the only option left for MAS is to go bankrupt.
Anyway, this police officer then sent the previous Prime Minister a letter suggesting that these criminals be prosecuted for their wrongdoings. And this was when they decided to get him. And when Rosli acted as this police officer’s lawyer they decided to get him as well. And now they are paying for the wrath of this lawyer who will take no shit from anyone and will fight back, never mind whomsoever he has to take on and what they will do to him for being so bold as to take on the Malaysian government.
Rosli Dahlan
Rosli is also Kassim Ahmad’s lawyer. You can read more regarding that matter here:
Rosli is also acting for Marina Mahathir in her case against ISMA and you can read about that case here:
Further to that, Rosli is acting for Borders regarding its conflict with the Federal Territories Religious Department (JAWI), which you can read here:
Yes, Rosli takes on all the cases that no other lawyer will touch with a ten-foot pole and all which involve human rights and civil liberties violations. In fact, as if this is not enough, Rosli is even taking on cases that involve legal action against Umno Ministers and Rulers.
Because of this Rosli has received threatening phone calls from people who curse and vilify him. They do not want him to represent people or organisations like Borders, Kassim Ahmad and Marina Mahathir who have ‘insulted’ or ‘challenged’ Islam.
What about your right to legal council and your right to a fair trial? Well, these people feel that anyone who ‘insults’ Islam should not be allowed a fair trial. Anyone who ‘insults Islam’ should just be rounded up and punished and not be allowed legal representation in a fair trial.
One such person who whacked Rosli is a very wealthy Malay who was Anwar Ibrahim’s treasurer during Anwar’s Umno days and who made tons of money when Anwar was the Finance Minister and Deputy Prime Minister.
Yes, this is a man who became a multi-millionaire by abusing his power and by exploiting his relationship with Anwar. He is angry with Rosli for giving these people a fair trial for the crime of ‘insulting Islam’.
What does ‘insulting Islam’ mean anyway? I don’t know but apparently these people do.
Anyway, these are the cases that Rosli takes on and most times pro bono as well. This means Rosli is doing all this work free-of-charge and for the sake of justice, human rights and civil liberties.
I would suggest that Rosli set up a special fund to fight these violation of human rights and civil liberties cases. He may be prepared to work free-of-charge for the sake of justice, human rights and civil liberties. However, I still feel a special fund should be set up.
It is not so much the money that is the issue. It is more that we want to demonstrate our support to the cause. We talk so much about justice, human rights and civil liberties but we never lift a finger to help. We let others do all the work while we sit comfortably in our homes and just watch and do nothing.
If we can raise RM100,000 or RM500,000 or RM1 million that would be a very strong message we send to those who hide behind Islam and deny Malaysians justice, human rights and civil liberties. Why should we allow them to decide what we can and cannot say and do or what books should be allowed and which should be banned (even if they are Malay language Bibles that use Allah)?
I also think Rosli should set up a civil liberties movement or get involved in one of the existing civil liberties movements and take on more legal cases that violate our human rights and civil liberties. It is time Malaysians fought back and not allow extremists like Perkasa, Isma, and so on, to bring Malaysia to the brink of racial and religious strife.
I, for one, promise that if Rosli takes on this challenge I will be the first to contribute some money to the fund and I will bring these cases to the international stage through organisations like the Human Rights Watch in London.
So how, Rosli, are you up to this challenge?
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(The Malaysian Insider, 18 October 2013) – The senior lawyer who won a defamation suit against an English daily and the anti-graft body said today’s court decision has vindicated him.
Rosli Dahlan, who sued the New Straits Times (NST) and the Malaysian Anti-Corruption Commission (MACC) for defaming him in the “RM27 million Copgate Affair” in 2007, said although he was happy with the decision, he felt the defendants were not punished enough as they had shown no remorse.
“I am happy. The decision, to an extent, has vindicated me. But they should have been more severely punished as they have not shown any remorse at all,” he told The Malaysian Insider today.
“They knew my role in the case was merely as a lawyer but they still linked me to it.”
He said his win today was believed to be the first of its kind against the MACC where the anti-graft body was found liable to have defamed an individual.
This morning, the High Court in Kuala Lumpur ruled in Rosli’s favour and ordered NST and the commission to pay RM150,000 each for defaming him in the Copgate Affair which saw former Commercial Crimes Investigation Department director Datuk Ramli Yusuff being charged in court and later acquitted for failure to declare ownership of company shares and interest in two properties.
Rosli, who acted as Ramli’s lawyer, was also charged and acquitted by the Sessions Court in Kuala Lumpur in 2011 for non-disclosure of his assets, which were said to be linked to Ramli’s case.
The MACC filed an appeal against the acquittal at the High Court in Kuala Lumpur, but later withdrew it.
Rosli subsequently filed the defamation suit.
In her judgment this morning, judicial commissioner Siti Khadijah Badjenid said the article carried in NST was not only defamatory but also false.
The sting of defamation, she said, was calculated to generate sensationalism.
While NST’s report had quoted MACC sources, the anti-graft body had denied leaking any information to the media.
But because MACC had uploaded the NST’s article on its website, the judge also found the commission liable.
“The MACC had breached Section 21(4) of the Anti-Corruption Agency Act in releasing confidential investigation to the media,” said Siti Khadijah.
“This had affected Rosli’s reputation, as he is also a lawyer from a reputed legal firm.”
She also ordered both NST and the MACC to pay RM35,000 each in costs.
Rosli had earlier also slapped The Star and Utusan Malaysia with legal suits but both dailies have apologised for defaming him in 2007.
Today, he told The Malaysian Insider: “I could never understand why NST refused to apologise like Utusan and The Star. They knew the story was false.
“Both NST and MACC are liars. And when they were caught lying, they just blamed each other.”
Rosli was arrested in 2007 and charged in court a day before the Hari Raya celebrations while Ramli was charged a month later.