Labuan MP's application to transfer case to High Court dismissed

This followed a decision by High Court judge Datuk Muhammad Jamil Hussin in dismissing Rozman's application to have the case transferred to the High Court.

The judge also dismissed Rozman's application to stay the trial of the case on grounds there were no special or exceptional circumstances that justified the stay.

"It is not a law that the applicant who is a Member of Parliament, 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 fulfill 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 there were three difficult, complicated and unusual legal questions that would likely to be raised in the trial of his case.

"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 paragraph 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 Aug 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 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.