Court allows Rosli leave to challenge cops who linked him to AirAsia report

(Malaysiakini) – The Kuala Lumpur High Court has granted leave for lawyer Rosli Dahlan to proceed with his judicial review over the police allegedly linking him to a report lodged by AirAsia Bhd.

Civil Court judge Ahmad Kamal Md Shahid allowed the veteran legal practitioner’s judicial review leave application during proceedings this morning, paving the way for future hearing of the merits of the legal action.

According to his affidavit, Rosli claimed the nine respondents abused their power and legal process to tarnish his name by purportedly falsely linking him to an AirAsia report against i-Serve Technology and Vacations Sdn Bhd.

The first to ninth respondents are Inspector-General of Police Razarudin Husain, Commercial Crime Investigation Department director Ramli Mohamed Yoosuf, money laundering team leader Muhammad Hasbullah Ali, three other police officers, the police force, the Immigration Department, and the federal government.

Rosli accused the respondents of falsely associating him with an alleged fraud in 2018.

“I have nothing to do with the matter. I am not a shareholder/director in the said company (i-Serve) and have nothing to do with the management or operations of the company.

“Relying on the police report, the respondents falsely and wrongfully froze all my bank accounts, including my ASNB accounts, and detained me on Oct 26, 2023.

“This jeopardised my reputation as a lawyer and annoyed and oppressed me,” he claimed.

The lawyer alleged this was a pattern of political persecution against him, following the Kuala Lumpur High Court ruling on Aug 15 last year that quashed four power abuse charges against former prime minister Muhyiddin Yassin.

Rosli was part of Bersatu president Muhyiddin’s legal team.

“Since the acquittal of TSMY (Muhyiddin), political attacks have switched focus to target me and my law firm. The actual fact is that I am apolitical.

“I am not a Bersatu member nor a member of any political party. As a lawyer, I act in cases of public interest to achieve justice,” he said.

‘Rule of law must be maintained’

Rosli alleged this was not the first time the nation’s institutions were used to defame him, pointing out that MACC apologised to him in a separate civil court case in 2016.

“I am committed to the principles of truth and justice, with a reputation of ‘do right and fear no man’, including in facing the nation’s institutions that have attempted to defame me or treat me unfairly and unlawfully,” he said.

“The rule of law must be maintained in this country where law dictates the exercise of power, not the rule of power where law is dictated by power.

“Woe be the rakyat if power reigns supreme,” Rosli lamented.

Through the latest legal action, the lawyer seeks several reliefs, including an order for certiorari to quash the actions of the first to fifth respondents under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Act 2001, which allegedly falsely linked him to the AirAsia police report.

Rosli also seeks court orders to quash the authorities’ decision to arrest him and freeze his 10 bank accounts and ASNB account.

In October last year, the MACC raided Rosli’s law firm in connection with the issue of the US$6.5 billion (RM30 billion) 1MDB bond settlement deal between Malaysia and international investment firm Goldman Sachs.

Following the raid, the MACC went to court to seek an order to obtain confidential solicitor-client documentation linked to the deal.

However, on Dec 6 last year, the anti-graft agency withdrew the court application.