High Court sets Aug 11 to decide on Labuan MP's application to strike out power abuse charge

KUALA LUMPUR: The High Court here set Aug 11 to decide on an application by Labuan MP Datuk Rozman Isli (pic) to strike out a charge for abusing his position to secure a contract for Labuan Liberty Port Management Sdn Bhd (LLPM), a company in which his father and brother had an interest in, three years ago.

Judicial Commissioner Roz Mawar Rozain set the date after hearing submissions by Deputy Public Prosecutor Ahmad Feisal Mohd Azmi and Rozman’s lawyer Muhammad Rafique Rashid Ali.

Rafique submitted that the court had the power to quash or set aside the charge against his client as it was with malicious intent and oppressive, as well as an abuse of the court process and politically-motivated.

"The charge against Rozman, made under Section 23 (1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 is without merit in terms of facts and law, as my client had never influenced any decision made by the LLPM Board of Directors,” he said.

Meanwhile, Ahmad Feisal argued that the charge against the applicant was clear and obvious and the prosecution would prove it during the trial, to start on Aug 11.

"There is no evidence to show that the charge against the applicant is malicious or political, but it is based on evidence," he said, adding that the court has yet to hear the testimony of witnesses.

On April 4, Sessions Court Judge Rozina Ayob dismissed Rozman's application to drop the charges against him on grounds that the court had no jurisdiction to do so without a trial being conducted, and fixed Aug 11 and 12 for the trial.

Following that, on May 11, Rozman filed an application at the High Court to strike out the charge against him and also an application to transfer the case from the Sessions Court to the High Court.

On Aug 2, High Court judge Datuk Muhammad Jamil Hussin dismissed Rozman's application to transfer the case from the Sessions Court to the High Court.

Rozman, 57, is charged as an official of a public body, the Deputy Chairman of the Labuan Port Authority, to have used his position to obtain gratification, namely an employment contract as the operator for Dermaga Merdeka Pelabuhan Labuan for LLPM, in which his father and younger brother have an interest in.

The offence was allegedly committed at the TKSU Meeting Room, Level 9, Ministry of Transport Malaysia, Jalan Tun Hussein, Precinct 4, Putrajaya between 2.30 pm and 5.30 pm on March 21, 2018.

He is charged under Section 23(1) of the MACC Act and can be punished under Section 24(1) of the same act, which carries a maximum sentence of 20 years in prison and a fine of five times the value of the bribe or RM10,000 whichever is higher, if convicted. - Bernama