(June 8): A former Malaysian Anti-Corruption Commission (MACC) prosecutor, Kevin Morais, today stood by his earlier decision to order lawyer Rosli Dahlan to declare his assets in a previous criminal case, although the Session court had ruled against this order.

Testifying at the High Court where Rosli has sued MACC officers and the goverment for conspiracy to injure his reputation, assault and false imprisonment, Morais denied that he did not have valid reasons to order the lawyer to declare his assets.

Cross-examined by Rosli's lawyer, Cheetan Jethwani, Morais told the High Court that although the Sessions court held that there was insufficient evidence for him to order Rosli to declare his assets, he felt otherwise.

Chetan: Agree at that time you had no valid reasons to issue the notices?

Morais: Disagree. In my view, I had valid reasons to issue the notices, but unfortunately, the court did not agree with me.

Morais, currently deputy head of the Appellate and Trial division in the Attorney-General's Chambers, was testifying in the suit by Rosli against him, MACC chief commissioner Tan Sri Abu Kassim Mohamed and several other MACC officers and the government.

Rosli has accused the defendants of conspiring against him as he was the lawyer for then Commercial Crime Investigation Department director Datuk Ramli Yusuff, who was also charged with non-declaration of assets. Ramli was later acquitted.

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 (Rosli) reputation and integrity.

Rosli, 46, was charged in October 2007 for failing to declare his assets to the MACC through a notice issued by Morais.

In acquitting Rosli in December 2010 without calling for his defence, Sessions judge Abu Bakar Katar ruled that the prosecution failed to prove Morais had a basis for issuing the notice, or that Rosli intentionally failed to respond to it.

In March 2009,  Ramli was similarly acquitted by a different Sessions court of three counts of failing to disclose information on the ownership of shares in Telekom Malaysia Bhd, Permaju Industries Bhd and two office lots worth RM1,032,840.

Earlier today, High Court judge Datuk Su Geok Yiam reprimanded the defence team for not calling Morais as the first witness according to the list of defendants.

This was after defence lawyer Rishwant Singh told the court that they were unable to call Abu Kassim to the stand as he was attending an anti-corruption meeting in Doha.

Morais was the second name on the list after Abu Kassim, followed by the other MACC officers.

When Rishwant moved to call MACC officer Azmi Ismail to the stand at the start of the defence case, Su ordered Morais to be called first in order not to break the narration of the case.

The court then stood down for Morais to turn up. He took the stand before noon.

Hearing continues tomorrow. – The Malaysian Insider