Thursday, September 17, 2009

Lawyer sues Govt, MACC, cops, newspaper and journos

KUALA LUMPUR: A lawyer defending a senior police officer filed a suit at the High Court Registry against 17 defendants from the Malaysian Anti-Corruption Commission (MACC), the police, Utusan Malaysia and its journalists and the Government of Malaysia.

Rosli Dahlan, who is defending Commercial Crime Investigation Department director Datuk Ramli Yusoff on Anti-Corruption Act charges brought against him on Nov 2 two years ago, claimed general damages for RM20mil and exemplary and/ or aggravated damages for RM30mil with interests as well as costs for conspiracy.

He is also claiming general damages, exemplary and/ or aggravated damages with interests as well as costs against five defendants for the tort of defamation, and also claimed likewise against six defendants for the tort of assault and false imprisonment.

He also claimed against the Government for the torts of conspiracy, defamation, assault and false imprisonment.

In his statement of claim, Rosli, a partner in a leading law firm, said that following Tan Sri Musa Hassan’s (now the Inspector-General of Police) emnity with Ramli in 2007, the defendants or any two or more of them and Musa, conspired and combined together wrongfully and with the intention of injuring him and/ or causing loss to him by destroying his reputation and integrity.

Rosli claimed that he was victimised for having advised Ramli and Datuk Johari Baharom who were made joint chairmen of a Cabinet Committee and Special Task Force to combat the menace of illegal money-lending in December, 2006.

He claimed that he was unlawfully, improperly and without cause served with a notice on July 17, 2007 and again on August 16, 2007 by two different ACA (now the MACC) officers on the directions of a senior officer.

He also claimed that six other ACA officers illegally arrested him and did an illegal and improper search of his financial position.

He also claimed that the conspiracy also included defamatory articles in Utusan Malaysia, The Star and the News Straits Times linking him with a senior police officer allegedly with assets valued at RM27mil.

He said he was also defamed in an Utusan article that appeared on Oct 12, 2007 following the caption “Peguam polis gagal isytihar harta didakwa hari ini” (Police lawyer who failed to declare assets charged today).

Although Utusan had published an apology last year, Rosli said they failed to disclose the source of their information.

He also claimed that he was wrongfully arrested, kicked, had his arms twisted and his wrists handcuffed behind his back in full view of the staff members of his firm and detained in the ACA’s lock-up overnight without bail and access to his lawyers.

He named Utusan (Melayu) Malaysia Bhd, Utusan editors Mohd Zaini Hassan and Abdul Rahim Lajis, its reporter Ruhaidini Abdul Kadir, the then ACA deputy director general Datuk Abu Kassim Mohamed, ACA deputy director of Investigations and Prosecution Anthony Kevin Morais, ACA officers Saiful Ezral Arifin, Azmi Ismail, Azam Baki, E. Sok One, M. M. Mohan, Moses Lawrence, Augustine S. Manson and Mohd Ridzuan Bahrin as respondents.

He also named Deputy Public Prosecutor Dzulkifli Ahmad, Bank Negara financial intelligence unit manager Abdul Rahman Abu Bakar and the Government of Malaysia as defendants.

The statement of claim was filed on behalf of the Plaintiff by Messrs. Kumar Partnership.

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