Labuan MP seeks to quash abuse of power charge

Rozman filed the application yesterday through Messrs Law Practice of Rafique by naming the public prosecutor as the respondent.

The media obtained the notice of application submitted by Rozman's lawyer Muhammad Rafique Rashid Ali after the case management before Sessions Court Judge Rozina Ayob today.

According to the notice, Rozman also applied for a stay of proceedings pending the disposal of the application.

The application was made on the grounds that the charge under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 imposed on him was baseless either in terms of facts or law and was done with malicious intent besides abusing the court process.

Meanwhile, Muhammad Rafique, when contacted, said the court has fixed March 2 to hear the application and this was confirmed by deputy public prosecutor Mohd Asri Abd Rahman Sidik.

Prior to this, the court set five days from May 9 for the trial and the prosecution will call 42 witnesses to testify.

On Oct 14, 2021, Rozman, 58, was charged with using his position as an officer of a government agency or Deputy Chairman of the Labuan Port Authority, to solicit bribe, 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 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.

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.