Court dismisses Labuan MP's application to strike out charge on power abuse, trial starts today

Judicial Commissioner (JC) Roz Mawar Rozain dismissed the application on grounds that the charge against Rozman was valid and not flawed.

"If the prosecution's motive to prosecute is politically motivated, it is a defence for the accused, or there if is something to do with the credibility of the witness, then the accused has an opportunity to refute the prosecutor's case later.

"At this stage, it is premature to drop the charges. The court will decide whether the charge against the accused is successfully established or not after hearing evidence by the witnesses.

"Therefore, the court cannot allow this application and the case will continue with the trial as set by the Sessions Court earlier," said Roz Mawar.

As such, hearing of the case, which had been set for today and tomorrow before Sessions Court judge Rozina Ayob will proceed.

Deputy public prosecutor Ahmad Feisal Mohd Azmi prosecuted, while lawyer Muhammad Rafique Rashid Ali represented Rozman.

In their submissions, Muhammad Rafique said the court had the power to quash or set aside the charge as it was with malicious intent and oppressive, as well as an abuse of the court process and politically-motivated, while Ahmad Feisa stated the charge against Rozman was clear and obvious and that the prosecution would prove the case during the trial.

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.

Last 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