Malaysian General Aquited of Perjury

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August 30,2010

Brig-Gen Yasin acquitted, so MACC caught lying again!

by Din Merican

This morning, the Kota Kinabalu Sesssions Judge Caroline Majanil acquitted Dato’ Mohamad Yasin Yahya (Rtd Brig-Gen) of all charges of perjury in the trial of Dato’ Ramli Yusuff, former Director Of Commercial Crimes PDRM. Dato’ Yasin was acquitted without his defence being called. DPP Ahmad Bache prosecuted while defence counsel acting for Dato’ Yasin was a prominent Sabah lawyer, Sugumar.

The Trumped-UP charge : Personal Use of Police Cessna

In 2007, Dato’ Ramli Yusuff was charged in Sabah for using a police cessna for his own personal use. That trumped up charge was brought about in order to discredit Dato’ Ramli as a corrupt senior police officer who had used police transport facilities for conducting an aerial survey of his private land and for bringing 2 civilians on board the aircraft.

The Infamous Conspirators

The manner in which the case was brought against Dato’ Ramli showed unmistakably of a conspiracy between IGP Musa Hassan, AG Gani Patail and the MACC. The Sabah case was based on fabrications by MACC Supt Sok One a/l Esen who said that a Sabah Penghulu had named Dato’ Ramli in a confidential MACC report. When the Penghulu was called to court, he denied ever mentioning Dato’ Ramli’s names. Instead, the Penghulu said that he was visited by Musa Hassan’s aide named ASP Chew Kam Soon to make various allegations against Dato’ Ramli, all of which were untrue.

The charge in the Sabah case was amended several times throughout the trial including dropping any mention of the two civilians on board the aircraft, as Brig-Gen Yasin was an authorised military personnel. Also, it was revealed in Dato Ramli’s trial that he was in full uniform escorted by several policemen for an official crime prevention aerial survey of the coastal line of Sabah covering a police post known as Dent Haven. As such, Dato’ Ramli was acquitted by Judge Supang Lian in a very lengthy trial over 57 days which involved 75 witnesses (longer than a murder trial).

Royal Malaysian Police Cessna

What was alarming was that the two pilots who commandeered the flight were only brought in at a very late stage of the trial as the 71st and 73rd witnesses, and testified that it was not a private flight but was an official flight and there was no aerial survey of any private lands. As a last saving effort, the prosecution changed again the charge against Dato Ramli from “conducting an aerial survey” to “flying around the vicinity of the land”, whatever that means.

Judge Supang Lian: Musa Hassan is an “incredible witness” (liar) for the prosecution

This infuriated Judge Supang Lian who then denounced IGP Musa Hassan in a damning judgment, as ” an incredible witness whose evidence is not to be believed!” after Musa Hassan gave evidence as the last and the 75th prosecution witness. That was seen as an attempt to repair the Prosecution’s case when Musa Hassan disagreed with the testomony of all the previous police witnesses. Not to be outdone, AG Gani appealed against Dato’ Ramli’s acquittal in that case and, last year Kota Kinabalu High Court Judge Rahman Sebli again acquitted Dato’ Ramli. High Court Judge Rahman Sebli also made it obvious that the AG Gani’s case was a trumped up fabricated case.

It is understood that AG Gani has again appealed to the Court of Appeal in order to expunge the remarks about Musa Hassan being a liar. It is understood that the AG Gani had to do that to maintain some semblance of credibility for cases involving IGP Musa Hassan especially in Sodomy I and II. Also in Anwar Ibrahim’s Black Eye Incident, Dato’ Mat Zin, former OCCI KL, had accused in a a sworn affidavit that IGP Musa Hassan and AG Gani of fabricating evidence after the MACC cleared them of that allegations. It will also affect the credibility of the release order made by AG Gani for a criminal, Goh Cheng Poh @ Tengku Goh, where six policemen filed intelligence reports accusing Musa Hassan of being involved with the Ah Long syndicate operated by Tengku Goh.

Gani Patail misuses Article 145 (3) of the Constitution

Instead, AG Gani charged these six rank and file policemen in order to cover up for Musa Hassan’s complicity with the crime syndicate. Not long after that Lawyer Rosli Dahlan was charged for helping to prepare affidavits for these CCID officers.

The brutal arrest of his lawyer friend who was merely helping the CCID, forced Dato’ Ramli to give a Press Conference about the “Clear and present danger besieging the Police Force when the Force is seen as failing its own men in blue”. Shortly after that Dato’ Ramli himself was indicted and faced several charges. That sent a frightening message within and outside the Police Force and no one dared go against IGP Musa Hassan despite widespread knowledge of his complicity in many suspicious deals.

Kevin Morais: MACC Liar in Chief

Dato’ Yasin’s acquittal without his defence being called is very significant as the MACC’s Senior DPP and Deputy Head of Prosecution, Kevin Anthony Morais, who originally conducted the case against Dato’ Ramli had attempted to suborn Dato’ Yasin to implicate Dato’ Ramli and say things which were untrue against Dato’ Ramli during the trial. When Dato’ Yasin refused to succumb to that request, Kevin Morais threatened Dato’ Yasin during court break that he (Kevin) will charge Dato’ Yasin for not co-operating. Kevin later told the court in Kota Kinabalu that he was treating Dato’ Yasin as a hostile witness and wanted Dato’ Yasin’s evidence expunged for being an unreliable witness.

This morning’s acquittal of Dato’ Yasin conclusively now show that Yasin was telling the truth and Kevin is in fact the liar. I have written of Kevin Morais’ unfitness to be a prosecutor due his lying ways in my article- The Liar Kevin Morais Buried In His Lies (see link) when Kevin was shown to have lied again and again countless times in the trial of Lawyer Rosli Dahlan.

As of now, Dato’ Ramli has been acquitted by 4 different Judges. If we include Dato’ Yasin’s case as an extension of Dato’ Ramli’s case, that makes it 5 courts and 5 Judges who did not believe the MACC’s case against Dato’ Ramli. Imagine that – 5 Judges in 5 separate Courts have found MACC lying!

Time for Lawyer Rosli Dahlan‘s Acquittal

What now hangs in the balance is the case against Lawyer Rosli Dahlan. Should the MACC not just withdraw than suffer another humiliating defeat?

Already, all the MACC’s witnesses have admitted that Rosli was not implicated in any investigation against Dato’ Ramli. Already, Dato’ Ramli has been acquitted of all charges. Already, the MACC winesses have admitted that Rosli was just wanted as a witness. Thus, if the principal accused has been acquitted, shouldn’t MACC just drop this and stop wasting taxpayers’ money? What is the logic for putting Rosli on trial on September 6, just 3 days before Eidil Fitri? Or is it just to humiliate and inflict pain on him and his family as the MACC did exactly 3 years ago in 2007?

I would propose that if the MACC refuses to do that, then the previous MACC Head of Legal and Prosecution, Dato’ Nordin Hassan; its current head of Prosecution, Dato’ Razak Musa; DPP Kevin Morais; and AG Gani should be charged for prosecutorial misconduct. I say that they be held directly accountable and we charge them. I say they should all resign or forced to step down for lying again and again!