KUALA LUMPUR: The High Court here today set Aug 11 to decide on an application by Labuan member of parliament Datuk Rozman Isli strike out a charge of abusing his position to secure a contract for Labuan Liberty Port Management Sdn Bhd (LLPM), a company in which his father and brother had interest in, three years ago.
Judicial commissioner Roz Mawar Rozain set the date after hearing submissions by deputy public prosecutor Ahmad Feisal Mohd Azmi and Rozman's lawyer, Muhammad Rafique Rashid Ali.
Rafique submitted that the court had the power to quash or set aside the charge against his client as it was with malicious intent and oppressive, as well as an abuse of the court process and politically motivated.
"The charge against Rozman, made under Section 23 (1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 is without merit in terms of facts and law, as my client had never influenced any decision made by the LLPM board of directors," he said.
Feisal argued that the charge against Rozman was clear and obvious and the prosecution would prove it during the trial that starts on Aug 11.
"There is no evidence to show that the charge against the applicant is malicious or political, but it is based on evidence," he said, adding that the court has yet to hear the testimony of witnesses.
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.
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.
On Tuesday, 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, with using 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, of the Transport Ministry headquarters, Jalan Tun Hussein, Precinct 4, Putrajaya between 2.30pm and 5.30pm 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.
–BERNAMA