THE trial for a power abuse case involving Labuan MP Rozman Isli will be heard at the Kuala Lumpur Sessions Court. 

This followed a decision by High Court judge Muhammad Jamil Hussin to dismiss Rozman’s application to have the case transferred to the High Court. 

The judge also dismissed Rozman’s application to stay the trial on grounds that there are no special or exceptional circumstances that justify the stay. 

“It is not a law that if the applicant is an MP, then his case should be heard in the High Court. The question is whether the accused who wants his case transferred to the High Court has fulfilled the requirements in Section 417(b)(1) of the Criminal Procedure Code.

“All accused must be treated equally regardless of status. The applicant, who is a politician, should not be treated differently in the application to have his case transferred to the High Court. He (Rozman) is just like any other accused who must fulfil the requirements of Section 417(1) of the Criminal Procedure Code,” he said.

On the issue of the question of law, the judge said the applicant stated that there are three difficult, complicated and unusual legal questions that would likely be raised during the trial. 

“In my view, the three legal issues are not unusual issues. The applicant also did not challenge the credibility of the Sessions Court judge and certainly the Sessions Court judge is able to consider and make judgments if faced with questions of law. 

“The applicant has failed to meet the requirements in Section 417(1)(b) of the Criminal Procedure Code. The applicant’s application to transfer his case to the High Court and the application to stay the case proceedings (trial) in the Sessions Court are dismissed,” said the judge.

At today’s proceedings, lawyer Muhammad Rafique Rashid Ali represented Rozman, while deputy public prosecutor Ahmad Feisal Mohd Azmi appeared for the prosecution.

Prior to this, the case had been set for trial before Sessions Court judge Rozina Ayob on August 11 and 12.

Rozman, 57, was charged with using his position as an officer of a government agency or deputy chairman of the Labuan Port Authority to solicit bribes, namely, to secure a contract as an operator of Dermaga Merdeka Pelabuhan Labuan for Syarikat Labuan Liberty Port Management Sdn Bhd, in which his father and brother have an interest.

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

The charge, framed under Section 23(1) of the MACC Act 2009 and punishable under Section 24(1) of the same act, provides for a maximum jail term of 20 years and a fine of not less than five times the value of the gratification, or RM10,000, whichever is higher, if convicted. – Bernama, August 2, 2022.