KUALA LUMPUR: The High Court has dismissed an objection by the government to prevent retired senior police officer Datuk Ramli Yusuff from giving evidence in a civil suit brought by a lawyer against the Malaysian Anti-Corruption Commission (MACC). Judge Datuk Su Geok Yiam overruled the objection as “Ramli’s evidence was relevant and admissible to support  Rosli Dahlan’s suit”.

“The plaintiff [Rosli] could call Ramli as his next witness,” she said.

Ramli, a former commercial crime investigation department (CCID) director, was scheduled to take the stand later yesterday afternoon.

Earlier, lawyer Tan Sri Cecil Abraham, who is appearing for the Attorney-General’s Chambers, told the court that Ramli’s evidence was irrelevant for Rosli to prove the tort of conspiracy to injure his reputation.

“The evidence sought to be adduced must be relevant to the facts and issue and this is not so in this case,” Abraham said. Cheetan Jethwani, who is appearing for Rosli, said Ramli’s testimony is relevant to the issue of conspiracy and to support the evidence given by his client.

“Ramli’s evidence is also relevant to disapprove the defence of good faith put by the defendants,” he added.

Rosli filed his RM20 million lawsuit in September 2009  against MACC chief commissioner Tan Sri Abu Kassim Mohamed, his officers and the government for conspiracy to injure his reputation, assault and false imprisonment. Rosli also filed a defamation suit against Abu Kassim.

In his statement of claim, Rosli said that former Inspector-General of Police Tan Sri Musa Hassan’s animosity towards Ramli resulted in the defendants conspiring to destroy his reputation and integrity.

MACC officers arrested Rosli on Oct 11, 2007, two days before the Hari Raya Raya celebrations and the lawyer said newspapers Utusan, The Star and the New Straits Times (NST) gave an extraordinary amount of publicity.

He said he had issued a letter of demand to the newspapers and later commenced legal proceedings. He said The Star issued a public apology after admitting it was wrong, while the NST was found liable for defamation and ordered to pay RM300,000 in damages. Rosli said the articles were defamatory because it was untrue that he had not complied with the terms of a notice that was issued to him by the MACC.

“I did in fact comply with the best of my abilities at the time. Finally, the article suggested that my asests were somehow linked to the cop (Ramli) who was under investigation. That was completely untrue,” he added.

In December 2010, Rosli was acquitted without his defence being called on a charge of failing to disclose his assets to the MACC. The prosecution later withdrew its appeal against the lawyer in the High Court.

Rosli and Ramli also won a civil action against Attorney-General Tan Sri Abdul Gani Patail and nine others who attempted to strike out their suit against them for abuse of power and malicious prosecution.

Ramli and Rosli in November 2013 filed lawsuits against Gani and several others for alleged malicious prosecution over corruption charges. Last month the Court of Appeal upheld the decision of a High Court but the defendant filed a leave application in the Federal Court to appeal that ruling.   — The Malaysian Insider

This article first appeared in The Edge Financial Daily, on May 28, 2015.