LETTER | Everyone has right to legal representation without fear, favour

LETTER | I refer to the news reports on the judicial review application filed by lawyer Rosli Dahlan against the Royal Malaysia Police and the Immigration Department on his unlawful arrest, the freezing of his bank accounts, and the travel ban imposed against him.

Rosli is known for public interest cases like the Nik Raina Borders Bookstore case, the prosecution of Muslim intellectual Kassim Ahmad for alleged anti-hadith views, the 26-acre Mosque land grab case by MAIS, and my own judicial review action of the Syariah Court’s contempt proceedings against me.

Rosli has been fearless in his pursuit of truth and justice regardless if it is against mainstream views.

On Oct 6, 2023, news reports about the MACC’s wrongful raid at Rosli’s office went viral and caused great concern within the legal fraternity over clients’ confidential documents.

The Bar Council had issued a statement condemning the MACC raid in the strongest terms. Rosli had decried the MACC’s subsequent application naming him as the first respondent as an attempt to smear his name.

On Nov 29, 2023, the MACC was forced to withdraw its application after Rosli exposed the false and malicious nature of the MACC application.

It is troubling to note that this is not the first time law enforcement agencies have abused their powers against Rosli. In Rosli Dahlan v The New Straits Times Press (M) Bhd, the Anti-Corruption Agency & Ors [2014] 5 CLJ 745, the MACC and NST were held liable for defamation and paid him damages.

In Rosli Dahlan v Tan Sri Abdul Gani Patail & Ors [2014] 11 MLJ 481, the High Court held that the notion of absolute prosecutorial immunity is anathema to the rule of law, which resulted in the MACC making an unprecedented public apology to Rosli in open court and paying an undisclosed compensation.

Recently, several political leaders claimed to be victims of political persecution by the law enforcement agencies. The repeated accusations by various parties cast a shadow on the impartiality of the country’s institutions.

The alleged falsity, fabrication, and oppressive actions by the police described by Rosli in his affidavit are worrisome. If proven true, these institutional abuses will destroy the fabric of democracy in this country and the rule of law.

I say this because I am also not a stranger to these institutional abuses. In 2016, I was subjected to a travel ban which prevented me from representing Bersih 2.0 to speak at an international human rights conference and where we were to receive an award. No reasons were given.

In 2021, the Federal Court held that the travel ban imposed against me was unlawful. I had hoped that this judgement would serve as a reminder to the enforcement agencies to always act in accordance with the law.

As Rosli has said in his affidavit, and I concur, “The rule of law must be preserved in this country where law dictates the exercise of power, not the rule of power where law is dictated by power. Woe be the rakyat if power reigns supreme”.

MARIA CHIN ABDULLAH is former Petaling Jaya MP and former Bersih 2.0 chairperson.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.