Rosli v. MACC: Will Abu Kassim be a ‘no-show’?
(FMT) – Abu Kassim has not attended court even once since the trial commenced.
The epic legal tussle between prominent lawyer Rosli Dahlan and the Malaysian Anti-Corruption Agency (MACC) returns to court today with the defendants comprising MACC, its officers and the Federal Government expected to open its defence.
The case revolves around allegations by Rosli of his wrongful arrest and detention at the hands of MACC, then known as the Anti-Corruption Agency (ACA), and a conspiracy at the highest echelons of government, involving Attorney General Abdul Gani Patail, former Inspector General of Police Musa Hassan and current MACC head Chief Commissioner Abu Kassim Mohamed to destroy his professional reputation by reason of his close association with ex-Commercial Crimes Investigations Department Director Ramli Yusoff.
Lawyers observing the case have told FMT that while Gani and Musa are defendants in another conspiracy for malicious prosecution suit, Abu Kassim is the prime defendant in this conspiracy suit but is conspicuously absent on the list of defence witnesses submitted by lead counsel for MACC, Cecil Abraham for this week’s continued trial.
The omission of Abu Kassim from the list is the most baffling, since he heads the list of 12 individuals who together with the Federal Government are named as defendants in the suit.
In fact, just as startling, they say, is the fact that Abu Kassim has not attended court even once since the trial commenced.
Part of Rosli’s case had included the testimony of former MACC advisor Robert Phang, who had told the court that Abu Kassim had admitted that there was no case against Rosli in the first place.
Despite this, Rosli was arrested and charged in the Kuala Lumpur Sessions Court under the Anti-Corruption Act, 1997 even before Ramli was charged. The charges were eventually dismissed by the court without Rosli’s defence being called.
FMT understands that no reasons have been given for Abu Kassim’s absence previously, but that with the defence witnesses about to take the stand, Abu Kassim is now said to be overseas.
To date, there has been no official word as to where he is, how long he will be away and whether he will make an appearance on his return.
Observers believe that the defence may be employing a ‘stonewall’ defence by seeking to shield Abu Kassim from having to testify in court.
