Lawyer Rosli Dahlan (left) with former prime minister Muhyiddin Yassin (centre) during a press conference at the Kuala Lumpur court complex on March 12, 2023.
KUALA LUMPUR: Lawyers should not be subject to “collateral attacks” or investigations by the authorities merely for representing a client in a case, lawyer Rosli Dahlan told the High Court today.
He said agencies like the police and the Malaysian Anti-Corruption Commission (MACC) should not have launched an investigation into him, only to drop it later.
Rosli said his ordeal with the police started after former prime minister Muhyiddin Yassin, a client of his, was acquitted of abuse of power in August 2023.
He said that before Muhyiddin’s acquittal, he became the subject of an MACC probe in connection with a settlement agreement entered into between Goldman Sachs and the government in connection with the investment bank’s role in the 1MDB scandal.
“They filed applications for discovery of documents and a few weeks later, they withdrew them.
“Suddenly the police came,” he told the court at a hearing to decide whether he can pursue legal action against the police and the government.
In December, Rosli filed for a judicial review of the police and the government’s decision which, he claims, led to his wrongful arrest and remand during an investigation into fintech company i-Serve Online Mall Sdn Bhd.
He claimed the police abused their power under anti-money laundering laws, falsely linking him to a 2018 police report lodged by budget airline AirAsia, which alleged it had been cheated by i-Serve.
He said that when he returned to Bukit Aman on Nov 3 to have his statement recorded, he was served with eight court orders freezing his bank accounts.
Rosli said that he only found out that he had been banned from leaving the country on Nov 18, 2023, when he wanted to go to Singapore to attend a wedding.
He is asking that the court issue a certiorari order quashing his arrest, detention and remand on the grounds that they violated anti-money laundering laws.
Today, he told the court that AirAsia’s police report has nothing to do with him because he only represented i-Serve in 2022.
He said the authorities just wanted to silence him so that he would not represent anyone in the opposition.
Rosli also told the court that the travel ban had lapsed and the police had unfrozen some of his accounts.
“Their own conduct shows they had acted wrongly and I have come to court today for justice,” he said.
Lawyer Harvinderjit Singh, appearing for Rosli, told the court the police never served his client with the correct documentation notifying him that they had frozen his accounts, as required by law.
Senior federal counsel Rahazlan Affandi Abdul Rahim objected to Rosli’s application, saying he should file a civil suit seeking damages instead.
“He has been repeating claims like conspiracy, defamation and also abuse of power.
“This case should be heard by way of writ (of summons) and not judicial review,” he said.
Justice Ahmad Kamal Md Shahid will deliver his decision on April 3.
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