MACC’s Illegal raid for privileged documents: Court prioritises ‘Striking Out’ by Rosli Dahlan
(Malaysia Today) – The Malaysian Anti-Corruption Commission (MACC) was in a bind today when the High Court directed that lawyer Rosli Dahlan’s Striking Out Application takes precedence over MACC’s application for privileged documents.
Judge K Muniandy, disagreeing with Deputy Public Prosecutor CH Law, rejected MACC’s request to defer both their main application and Rosli’s Striking Out Application until the transfer motion involving Chethan Jethwani is resolved in Jamil’s court on 2nd February 2024. Law argued that the Striking Out Application would make their transfer application academic.
Judge Muniandy instead gave priority to Rosli’s Striking Out Application and scheduled it for hearing on January 17 next year. Rosli had accused the MACC of victimising him.
The judge also granted the Malaysian Bar, represented by Anand Raj, the role of amicus curiae (friend of the court) to observe both the main MACC proceeding and Rosli’s Striking Out Application. The Bar has come out in full support of RDS application to declare MACC’s raid as illegal.
Rosli’ counsel, Harvinderjit Singh, said the MACC’s application contained numerous procedural and substantive errors, which infringed Rosli’s Constitutional rights. Harvey said, “Singling out Rosli was frivolous, vexatious, scandalous and libelous which amounted to an abuse of process of court. As such, this must be given priority over everything else.”
Last week, MACC also lost a Judicial Review leave application to Rosli. The incessant attacks by the MACC against Rosli has caused Rosli to accuse the MACC of political persecution against him.