New Straits Times

Senior lawyer files judicial review against police, government for wrongful arrest

KUALA LUMPUR: Senior lawyer Rosli Dahlan has filed a judicial review against the police and government for wrongfully arresting and remanding him over a legal dispute between AirAsia and a private company, i-Serve.

The lawyer filed the applicatio­n at the High Court here on Friday and named Inspector-General of Police Tan Sri Razarudin Husain, Federal Commercial Crime Investigat­ion Department director Datuk Seri Ramli Mohamed Yoosuf, police money laundering unit head Datuk Muhammad Hasbullah Ali, assistant director of the Anti-Money Laundering Criminal Investigat­ion Division Assistant Commission­er Foo Wei Min, and Superinten­dent Mohd Faizal Mohd Atan as respondent­s.

In addition, Rosli also named former Immigratio­n Department director-general Datuk Seri Khairul Dzaimee Daud, police, Immigratio­n Department and the government as respondent­s.

Rosli, in his supporting affidavit, claimed that the respondent­s had abused their power and the process of law to create a false and wrongful nexus to link him in an unrelated case involving other parties.

“The police orchestrat­ed to falsely link me to a fraud case involving other parties in a police report by AirAsia against i-Serve Technology and Vacations Sdn Bhd based on an incident in 2018.

“I am not a shareholde­r/director/officer/employee of the said company and have no connection/involvemen­t in the management or operation of the said company.

“Based on that report, the respondent­s have falsely and wrongfully frozen all my bank accounts, including my Amanah Saham Nasional Bhd accounts, and arrested me on Oct 26 last year to oppress, injure and tarnish my reputation as a lawyer.

“I have been, still am and will continue to suffer harm, damage, loss, violation of fundamenta­l rights and infringeme­nt of my rights and interests due to the decisions, actions, and/or omissions of the respondent­s in their wrongful exercise of public duties,” he claimed.

Rosli, who previously appeared for several court cases involving Parti Pribumi Bersatu Malaysia (Bersatu) President Tan Sri Muhyiddin Yassin, claimed that this political attack had shifted towards him since the acquittal of the latter.

“The truth is, I am apolitical. I am not a member of the Bersatu party, nor any other political party.

“As a lawyer, I act in public interest cases whenever necessary to achieve justice.

“The Malaysian Anti-Corruption Commission (MACC) created a false narrative that has been leaked to the mass media that I have received bribes from 1MDB funds, which were then laundered through other business activities,” claimed Rosli.

Rosli is seeking a court order to quash the police action to arrest, hold him under remand, and imposing a travel ban.

The applicant is also seeking a mandamus order to compel the authoritie­s to revoke the travel ban order.

He wanted the court to declare that the arrest, detention, and remand orders are null and void as they are tainted with ultra vires.