Malaysia: Court to hear lawyer’s wrongful arrest challenge against police, govt

High Court judge Ahmad Kamal Shahid says there are triable issues in the remand and travel ban of Rosli Dahlan.

The High Court here will proceed to hear lawyer Rosli Dahlan’s legal challenge against the police and government for wrongfully arresting and remanding him in the course of investigations into a fintech company.

Justice Ahmad Kamal Shahid granted Rosli leave to pursue his legal challenge, saying there were triable issues in his remand and travel ban, as well as the freezing of his bank accounts.

“These matters cannot be obliterated by the court,” he added.

The court also found that the police’s conduct in only commencing investigations after his accounts were frozen showed “procedural misconduct”.

“The court will make an assessment (on whether there was bad faith) at the hearing,” Kamal added.

The court fixed May 8 for case management.

Fellow lawyer Harvinder Singh Sidhu appeared for Rosli while senior federal counsel Rahazlan Affandi Abdul Rahim appeared for the police and government.

Earlier this year, Rosli filed for a judicial review of the police and government’s actions, which he claimed saw his wrongful arrest and remand during an investigation into fintech company i-Serve Online Mall Sdn Bhd.

He claimed the police abused their power under anti-money laundering laws, falsely linking him to a 2018 police report lodged by budget airline AirAsia which alleged it had been cheated by i-Serve.

Rosli also claimed that the police did not record his statement after a magistrates’ court granted an application for him to be remanded for a day on Oct 27, 2023. Instead, he said, he was released from custody late that day.

He said he was served with eight orders freezing his bank accounts when he returned to Bukit Aman on Nov 3 to have his statement recorded.

Rosli said he also learnt that he had been banned from leaving the country on Nov 18, 2023, when he wanted to go to Singapore to attend a wedding.

The travel ban has lapsed and the police have also unfrozen some of his accounts.

Rosli is asking the court to issue a certiorari order quashing his arrest, detention and remand on grounds that they violated anti-money laundering laws.


Malaysia: Court to hear lawyer’s wrongful arrest challenge against police, govt