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Friday, March 12, 2010

Datuk Ramli Yusuff ’s Acquittal: A View From The Stands.

 by Din Merican  |  March 12, 2010

It is the spirit and not the form of law that keeps justice alive – (Earl Warren)

I was in the KL Sessions Court No. 1 today to lend support to Dato’ RamIi Yusuff. Although, in my previous court attendances at Dato’ Ramli’s trial I have seen the good and fair temperament of Judge Gunalan, I was afraid that things may just go wrong at the last minute. I was pleasantly mistaken as I listened to the eloquent Judge. His judgment was precise, logical and unequivocal.

That was why I said in yesterday’s piece that my heart would bleed for Dato’ Ramli if justice was assassinated by the court. That would have been the greatest betrayal, the same betrayal when Caesar fell to the last stab by Brutus and uttered – “ Et tu Brute?”

The court room was jam packed with Dato’ Ramli’s family, friends, wellwishers, reporters and lawyers who wanted to know what will happen to this policeman who had been so vilified and made to look like a crook. I saw many familiar faces, those who had stood by him in throughout this episode.

As I write this piece, I note that the on-line newspapers and blogs have already reported their versions of Judge Gunalan’s brave decision to acquit Dato’ Ramli. Judge Gunalan has again proven that it is the non-Malay members of the bench, that is restoring the integrity and credibility of the Judiciary. Sadly, not much of the same can be said of the Malay members of the bench with the exception of a few like Judge Dato’ Hishamudin.

This time, I will not provide another analysis of Judge’s Gunalan’s judgment. It is sufficient that Malaysians know that Judge Gunalan did not betray justice, he upheld and delivered it!

The moment the good Judge Gunalan pronounced that he was acquitting Dato’ Ramli without calling for his defence, the gallery clapped ever so loudly. Even the three court orderlies (policemen guarding the courts) clapped. The Judge pleasantly smiled his approval before closing the court session and retiring to his chambers.

Dato’ Ramli wept openly. He hugged Dato’ Shafee Abdullah and his other counsel. He hugged his sisters and and his father. It was a very poignant scene in court, one that would make heart weep, and many did. Dato’ Ramli’s old friend and bailor, Dato’ Roger Tan, who arrived late remarked that Ramli should be given a medal for being so filial to his parents and family in taking care of their financial affairs by setting up the company Bonus Circle for his family’s welfare. While he had no interest nor benefit in that company, he had incurred liability to do an Islamic estate planning for his family. Similarly, his loyal friend, lawyer Rajendran remarked that it is sad that a professional, capable and financially savvy bumiputera is brought down in a most Machiavellian way.

I saw the court staff crowding Dato’ Ramli to wish him. I saw policemen and the public hugging him, some of them I believe are strangers. All these that I see with my own eyes and hear with my own ears, show the affection that Dato’ Ramli enjoys.

When the crowd had subsided, I approached Dato’ Ramli to ask about his feelings. His eyes were red, he was still sobbing. His phone was flooded with calls. I saw the popularity of this man.

What an irony that IGP Musa Hassan, the son of an Ustaz, is much despised, whereas this man is so popular. I thought to myself, is the government so blind not to see that this man has what it takes to change the image of the much battered Police Force? There would be no need to hire PR firms to change PDRM’s image. Just bring this man back and allow him to do real police work, unlike the politicking which is what Musa Hassan seems to be only good at.

Crime has soared to an all time high with Musa Hassan as IGP. What KPI had Musa Hassan achieved to deserve any extension of his service? Pak Lah must have been sleeping to give him a two year contract. Najib only fuelled more suspicion by extending it for another year.

When I finally managed to speak to Dato’ Ramli, I was surprised to see that he was contemplative instead of joyous. He said that it is still not over. His Sabah acquittal is being appealed against and is coming on for hearing next week, on March 18. He expressed concern that the A-G would also appeal against today’s acquittal. Reading from the latest reports, it appears that the overweight Razak Musa has already announced there would be an appeal.

Once again, A-G Gani has brought disgrace to his office. Why no prosecution against the Al-Islam reporters for desecrating a Holy Communion rites? Why no appeal against Razak Baginda’s acquittal in the Altantuya murder case? Why this appeal against Dato’ Ramli?

I say to MACC Chief Commissioner Dato Abu Kassim – do not further tarnish the MACC’s image with an appeal. I say to the MACC Panel of Advisers, especially Tan Sri Robert Phang, advise the MACC not to appeal against Dato’ Ramli’s acquittal. In regard to Lawyer Rosli Dahlan, Tan Sri Robert Phang had already said glowing things about this lawyer, so withdraw the case now before the MACC is further embarrased.

As I and other reporters asked Dato’ Ramli how he felt, he said the following:

“Alhamdulillah, today Justice has been delivered.

Praise be to God for having vindicated me from all these false accusations. I have lost almost everything: my rank, my career, my reputation. I have received neither pay nor pension since 2008. I need to rebuild my life again.

I thank my counsel Dato’ Shafee Abdullah and my solicitor Dato’ C Vijayakumar and their very able assistants, Harvinderjit Singh and Badrul, for enabling the truth to surface leading to my acquittal.

My deepest gratitude to my wife Anita who has stood by me throughout this darkest moments of my life. I am sorry that my daughter, Azreen, my sisters and father had to go through this very painful times.

I urge the MACC to withdraw the charge against En Rosli Dahlan, who has had to suffer persecution just for being my true friend and brother, and who was my counsel in this matter. I am sorry to his family for the anguish they faced on my account.

I pray that the 6 junior officers who were made collateral damage would be released and can return to their career.

To my long time friend, Dato’ Roger Tan, thank you for bailing me out. To all my friends who have given me unflinching support, I say -Thank you.

To all the men in blue I say to you – do your job fearlessly and professionally. Uphold your oath of office to “Sedia Berkhidmat”. Do not be afraid of the syndicate. Protect the innocent. To all who wield power in their hands, be mindful of God’s promise that on the Day of Judgment, you shall be held accountable for even an atom’s weight of evil.

God bless us all”.

The humility and clarity of mind of the man struck me. Even in moments like this, he remembers those who have helped him and supported him. That gave me hope that the fight for justice must go on. That injustice affects everyone, and Dato’ Ramli’s case is another illustration of that injustice if the A-G indeed proceed to appeal against his acquittal. If that happens, we must fight it together, to quote Martin Luther King, Jr.:

Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.

1 Malaysia

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