Five years ago lawyer Rosli Dahlan was humiliated when he was arrested and handcuffed by the Anti-Corruption Agency (ACA) at his law firm and later charged on Hari Raya’s eve with allegedly not complying with the agency’s procedures to declare his assets.

Today, the Malaysian Anti-Corruption Commission (MACC) decided to withdraw its appeal over his Sessions Court acquittal at the Kuala Lumpur High Court.

Deputy public prosecutor Ahmad Sazali Mohamad informed the matter to Justice Mohd Azman Hussin today.

Following this, Justice Azman recorded the withdrawal of the appeal.

This is the last case involving former Commercial Crime Investigation Department (CCID) director Ramli Yusuff over what is now described as the Copgate affair involving police investigations on the then-inspector-general of police Musa Hassan over his alleged involvement with kingpin Goh Cheng Poh or Tengku Goh.

NONE Rosli ( right in photo ), meanwhile, had helped draw up the affidavits of former deputy home minister Johari Baharom, Ramli and several of his men when the Attorney-General’s Chambers had allegedly fell short in its duties after Tengku Goh, who was arrested and placed under restricted residence, filed a habeas corpus application.

Rosli, when met, said he had always maintained his innocence from day one and should not have been charged.

“I questioned the prosecution over why they informed me late about their decision to withdraw. If not, I would not have had to file an affidavit to challenge the appeal,” he said.

“Even my lawyer had prepared submissions for the appeal and now I have to pay him,” he said jokingly.

Today, he said, is a birthday of sorts for him.

Rosli was represented by lawyer K Kumaraendran.

Poser over withdrawal of appeal

There has been no indication at all since the case was fixed last February that the prosecution would drop its appeal.

This had resulted in Rosli filing an affidavit yesterday where he stated that the MACC investigations against Ramli were tainted and unlawful from the beginning, and the charges which Ramli faced were eventually dismissed and the former top cop was acquitted.

“I was served notices by the prosecutor who had reasonable grounds to believe that Ramli had committed an offence. Since the KL High Court found that the prosecution had no grounds to believe Ramli had committed an offence, likewise the ACA notices to have me make declarations to them are tainted, unlawful, void and have no effect.

“Sometime in January or February this year, I received a call from MACC prosecution director Abdul Razak Musa where he (Razak) admitted their case against me was weak and had no merit. I asked him why didn’t the prosecution withdraw its appeal, and he told me the attorney-general was only willing to do so if I withdraw my RM50 million suit,” claimed the lawyer in his affidavit.

“I believe the present appeal (this case) is being used as a bargaining chip to coerce me to withdraw my suit and giving up my lawful rights to seek redress from those who had wronged me.”

Rosli had filed the suit where he named the MACC, Musa and the AG as among the defendants for alleged defamation, assault and false imprisonment.

Ramli, in his affidavit in support of Rosli’s application, said there were no grounds for the prosecution to appeal based on his acquittal of having to declare his assets, hence such notices served on Rosli were also not required.

After filing the affidavit yesterday, it was learnt that the prosecution had sent the letter of the withdrawal of its appeal which apparently was backdated to June 26 to Rosli’s law firm, also yesterday evening.

It was also understood the High Court also received the application yesterday.

Rosli, commenting on this, said the prosecution’s last minute withdrawal was meant to torture and make him be on tenterhooks, which is very cruel.

Also present to show support was Social Care Foundation chairperson Robert Phang.