Respect the constitutional rights of Malaysians – The case of Rosli Dahlan
Read again the name of the external counsel who helped MAS settle this case. Do you see the name Rosli Dahlan? It was also mentioned in another report last year that Rosli Dahlan also won for MAS another case in Germany, by reducing the contractual liability from RM RM315 million to only RM27.5 million, less than 10% of what MAS was liable for!
Din Merican
Here is a Bernama report relating to the work of Lawyer Rosli Dahlan as Malaysian Airlines External Counsel. My purpose in writing this piece is to remind all of us that in the name of politics, even a good man can be victimized for doing good work. I wonder when will Malaysia treat its law abiding citizens with some respect. This is a fundamental issue that needs to be resolved so that justice can again see the light of day in our country. Respect to the Rule of Law and restore judicial independence.
March 5, 2010
MAS Withdraws RM124 Million Civil Suit Against Air Maldives
KUALA LUMPUR, March 5 (Bernama) — Malaysia Airlines (MAS) on Friday withdrew its US$35.5 million (RM124 million) civil suit against Air Maldives (AML) filed in the High Court here in 2004 following an agreement reached with the Maldives Government two weeks ago. Under the agreement sealed in the Maldives capital Male on February 14, the Maldives Government withdrew a US$90 million (RM315 million) claim filed with the Singapore-based International Court of Arbitration on March 1.
MAS officially notified Bursa Malaysia today on the out-of-court settlement between the two parties.The agreement was reached with the Maldives authorities after a series of intense negotiations by two top MAS executives led by its General Manager of Network and Revenue Management Dr Mohd Amin Khan and General Manager of Corporate and Legal Services Dr Wafi Nazrin Abdul Hamid.
Dr Mohd Amin and Dr Wafi Nazrin were advised by MAS External Counsel Rosli Dahlan and Nadia Marni Mat Zin. The Maldives’ team was led by the Minister of State for Finance and Treasury Ahmed As-ad and Attorney-General Uz Husnu Al-Suood.
MAS and AML had earlier entered into a joint-venture agreement between the Maldives Government and Naluri Corporation Bhd, a corporate vehicle of then MAS chairman, Tan Sri Tajudin Ramli. The settlement brings to an end one of MAS’ disputes. For the record, this is the second major cross-border dispute settled by MAS since last year.
It also paves the way for MAS and the Maldives Government to develop new business opportunities for the Kuala Lumpur-Male sector and other destinations in India.
In Mid-2009, the same MAS team settled another claim by a German company, ACL GmBH.T he Arbitration Tribunal in Geneva found MAS liable for breaching a 10-year cargo handling contract with the company. The tribunal awarded 5.5 million euros (RM27.5 million) though the company had filed a claim for 63 million euros (RM315 million).– BERNAMA
Read again the name of the external counsel who helped MAS settle this case. Do you see the name Rosli Dahlan? It was also mentioned in another report last year that Rosli Dahlan also won for MAS another case in Germany, by reducing the contractual liability from RM RM315 million to only RM27.5 million, less than 10% of what MAS was liable for!
That, it appears, is the speciality of this professional lawyer – saving our national carrier which was once raped to the bones, and its assets scraped to the barrel by the MAS former chairman. Both the cases were part of a long series of his misdeeds. He is a free wealthy man today. There is not a single successful investigation against him for causing the RM8 billion losses suffered by MAS during his time as Chairman of MAS. There is not a single charge against him despite the numerous reports made by MAS of the related party transactions and conflicts of interest in many of the dealings with his family companies. Dato’ Azmi Khalid of the Public Accounts Committee issued a brief statement. It was brief, and that was it.
But what of the lawyer Rosli Dahlan who acted for MAS to pursue the former MAS Chairman’s misdeeds? He is a victim of a conspiracy to eliminate his client, Dato Ramli Yusuff. His office was stormed, he was shouted at before his staff, he was assaulted, dragged in handcuffed and locked-up in the MACC dungeon on the eve of Hari Raya 2007. It would appear that Rosli had made more enemies than one in diligently discharging his professional duties.
According to the MACC then, the abuses meted to Rosli had nothing to do with the MAS case but because he was the lawyer for Dato’ Ramli Yusuff. The MACC splashed the story that Rosli was supposedly a crooked lawyer who was hiding RM27 million worth of assets for a crooked Cop, Dato’ Ramli. That story was on the front pages of many of the mainstream newspapers as Hari Raya cookie for the whole of Malaysia to chew on. And then that story went dead when Dato’ Ramli was charged.
Why? Because the charge against Dato’ Ramli was not anywhere near the RM27 million they screamed about. Ramli was eliminated from the Police Force and Lawyer Rosli was sufficiently tarnished that his foreign clients would be afraid to engage his services. It was not as if Rosli did not know their game plan. And so, to return the favour, Rosli sued Utusan Malaysia and the Government for RM50million! And a few more millions against The Star and The NST.
Coming back to the Bernama story, so, was it a mistake for Bernama to mention Rosli Dahlan? Or was Bernama unaware that it is the same Rosli Dahlan that the MACC and the mainstream media had been vilifying all these 3 years? Was Bernama unaware that this is the same lawyer that DPP Dzulqarnain and Deputy Head Prosecution MACC Kevin Morais have now admitted was just needed as a witness in Dato’ Ramli’s case? Or is this part of the bigger plan – an olive branch extended to clear Rosli’s name? Who knows, it could also well be God’s mysterious plan.
I wrote about divine retribution a few weeks ago. Today, the MACC is very much scorned and vilified, the very thing they tried to do to Rosli Dahlan in 2007. In acquitting Dato’ Ramli without calling his defence, Judge Supang Lian did not mince her words in denouncing IGP Musa Hassan as unreliable witness, whose testimony is not to be believed. By Musa Hassan testifying as the 75th Prosecution Witness against Ramli, the plot by Musa Hassan to rid Ramli from the Police Force is now proven. That is divine justice.
Two weeks ago, I also wrote about M.Mohan, the MACC officer, who abused and handcuffed Rosli Dahlan so tightly until his wrist swelled and bled. Mohan was charged for corruption of RM250,000 to fix a case, exposing to the public that within the MACC they are many more crooks like him. Providence again.
In a few days, March 12, Dato Ramli will know his fate. I am confident and pray that Judge Gunalan will decide, as Judge Supang Lian did in Sabah, to acquit Dato’ Ramli. I would then be happy to say again. Is that not Providence!
