Raja Rozela Raja Toran, the lead
deputy public prosecutor (DPP) in Ahmad Zahid Hamidi’s corruption
trial - an excellent job thus far.
She has successfully managed to prove to the court ALL 47 charges of money laundering and criminal breach of trust (CBT) involving millions from Yayasan Akalbudi, which he founded, and accepting bribes for various projects during his tenure as the home minister.
This is NOT an easy task when it involves 47 charges, and the prosecution succeeded and thus the High Court Judge ordered Zahid enters his defence. Now, if Zahid fails to raise a reasonable doubt - then he will be convicted for all 47 charges.
Zahid has had all the opportunity to prove that he is not guilty during the prosecution stage but he FAILED - now, he again have the opportunity to call witnesses and adduce evidence to prove innocence... BUT, he has been making representations possibly asking for prosecution to 'decline to prosecute further'. Why don't he let the Judge(the Court) decide whether he has been proven guilty or not...rather than getting prosecution to 'discontinue'?
There are a FEW possible ways that PROSECUTION can 'protect' politicians or certain persons:-
1 NOT even charging them in court. (The AG before did not charge Najib, and it was only AG Tommy Thomas that charged him - and it was correct, for Najib has already been proven guilty, convicted and is serving his prison sentence)
2. Making a COMPOUND OFFER - done usually before one is charged in court. If the then suspect accepts the compound offer and pays, then the investigation and the prospect of being charged and tries ends.Ahmad Maslan - Impact to UMNO/BN in Melaka and subsequent elections? Courts' hand tied, but not the peoples'?
3. Proceeding with the case, but being 'bad' in presenting of evidence, the calling of witnesses - which ultimately will lead to the ACQUITTAL of the accused >> see Helicopters, Hishammuddin Husssein(Ex-Minister), Azmin, Selective Prosecution, MACC, 'Deals??' - ??
The Eric Chia case...In his 30-page oral judgment, he went on to fault the prosecution in every aspect of the case, from the way the main charge and alternative charge were proffered right to the tendering of documents, and its failure to call crucial witnesses.Akhtar said the most glaring setback was the prosecution’s failure to call two material witnesses, who would have been able to confirm whether payment was needed ...He said former Perwaja company secretary R.R. Durai Rajasingam, who was involved in all Perwaja’s contracts, would have known the actual contents of the TAA.“Yet the prosecution never called him. The question is why? I see nothing to say that he would be a hostile witness or give evidence against them.”The judge also questioned the prosecution’s reluctance to call the five Japanese witnesses, including NKK Corporation, Japan, director N. Otani, who was present at the signing of the TAA in Japan in 1993.“I wonder whether it was the Japanese witnesses who were reluctant or the prosecution was the one reluctant to bring them here,” he said.Akhtar also said the prosecution’s contention that the TAA was free fell flat in its face when tendering its documents at the trial as they clearly stated that the agreements would be effective upon receiving first payment.Another document by NKK Corporation not only requested for the payment to be in a lump sum but also stated the amount.Now, see the similarities in the Kasitah Gaddam's case...He said the prosecution failed to lead any evidence to show fabrication of that document, which it contended.- Star, 27/6/2007, Eric Chia acquitted of CBTFormer land and cooperative development minister Tan Sri Kasitah Gaddam was acquitted and discharged by the High Court here of committing corrupt practice and cheating involving shares belonging to the Sabah Land Development Board (SLDB) in 1996.Judge Justice Suraya Othman ruled that the prosecution had failed to establish a prima facie case on both charges for the court to call Kasitah to enter his defence.“The essential ingredients of both the offences of corrupt practice and cheating were not made out on the facts before the court. In the circumstances, the accused stands acquitted and discharged of both the charges against him,” Suraya said in her 74-page judgment.Kasitah, 62, was the first Cabinet member to be charged with such crimes.....,,,,Kasitah had claimed trial to using his position as SLDB chairman for his financial gain by taking part in the decision to approve a proposal to sell 16.8 million shares held by the board in Sapi Plantations Sdn Bhd to Briskmark Enterprise Sdn Bhd, where he was promised 3.36 million shares in Sapi Plantations on Oct 22, 1996.On the second charge, Kasitah was alleged to have cheated the SLDB board members by omitting to disclose the offer by PPB Oil Palms Sdn Bhd to allocate five shares of the company for each share of Sapi Plantations in the proposal by company for listing on the KLSE.He thereby dishonestly induced them to approve the sale of 16.8 million shares held by SLDB in Sapi Plantations to Briskmark Enterprise whereas they would not have approved the sale if they had known about the offer by PPB Oil Palms.Justice Suraya said the failure of the prosecution in not calling six board members who were present in the meeting was detrimental to the case as it had created a big gap over the question of whether the board members were actually cheated by the accused.She also said that evidence by lawyer cum board member Catherine Yong was very damaging as she did not indicate that Kasitah had misused his position or influence her or other board members during the meeting.Besides that, the judge said there was no element of inducement on the part of Kasitah to the board members.- Star, 13/8/2009, Kasitah freed of corruption charges
Now, in this Zahid Hamidi's case, Raja Rozela Raja Toran, the lead deputy public prosecutor (DPP) and her team managed to do a GOOD JOB as prosecutors are meant to do - they proved prima facie case... IT is very ODD for a lead Prosecutor to quit before the end of the case - SO WHY IS RAJA ROZELA BEING REMOVED?
There is suspicion that some maybe pushing for the prosecution to stop the case, so that Zahid may be acquitted....too soon to speculate.
4. Prosecution Discontinues Case - then Acquittal or DNAA
254 Public Prosecutor may decline to prosecute further at any stage Criminal Procedure Code)
(1) At any stage of any trial, before the delivery of judgment, the Public Prosecutor may, if he thinks fit, inform the Court that he will not further prosecute the accused upon the charge and thereupon all proceedings on the charge against the accused shall be stayed and the accused shall be discharged of and from the same.
So, maybe there is pressure to use section 254 - and prosecution declines to prosecute furtherMaybe, Raja Rozela Raja Toran, the lead deputy public prosecutor does not AGREE with this...
5. Other DEALS
Anyway, it is a FACT that Raja Rozela Raja Toran who started and led prosecution to this late stage of Zahid's case is most familiar with the case - a change of lead prosecutor at this stage is SUSPICIOUS...
IT IS BEST THAT RAJA ROZELA COMES BACK AND LEAD PROSECUTION UNTIL THE END OF ZAHID'S TRIAL - THERE SHOULD BE NO PRESSURE FROM ANYONE FOR THE PROSECUTION TO DISCONTINUE PROSECUTION - more so since Zahid Hamidi is the Deputy Prime Minister, and a 'close friend' of PM Anwar Ibrahim...
'Unity Government' of Anwar may see more acquittals of BN politicians, and maybe even an early pardon of Najib....? Are there no more BN politicians being charged in Anwar's rule?
AG must explain removal of lead prosecutor in Zahid’s trial, says Pejuang man
Pejuang information chief Rafique Rashid Ali says Attorney-General Idrus Harun cannot remain silent on the matter.
PETALING JAYA: A Pejuang leader has urged Attorney-General Idrus Harun to explain why Raja Rozela Raja Toran has been dropped as the lead deputy public prosecutor (DPP) in Ahmad Zahid Hamidi’s corruption trial.
This comes after New Straits Times, quoting sources, reported that Raja Rozela had been taken off the case. She had been absent during proceedings last week.
When contacted, Raja Rozela simply told the news outlet: “I am a public servant, I am not allowed to comment. My apologies.”
FMT’s attempts to obtain Idrus’ comment on the matter were unsuccessful.
Pejuang information chief Rafique Rashid Ali said the attorney-general cannot remain silent on the matter and must offer an explanation.
With Zahid’s Yayasan Akalbudi case now at the defence stage, Rafique pointed out that Raja Rozela had been handling the case from the start and was successful in establishing a prima facie case against the Umno president.
“So, why the need to replace the lead deputy public prosecutor now? The attorney-general cannot stay silent. The people are watching and evaluating,” he said in a Facebook post.
Zahid is standing trial on 47 charges of money laundering and criminal breach of trust (CBT) involving millions from Yayasan Akalbudi, which he founded, and accepting bribes for various projects during his tenure as the home minister.
Twelve of the charges are for CBT, eight for corruption, and the remaining 27 for money laundering.
Last week, the prosecution told the High Court that it is still
considering Zahid’s representations concerning his ongoing corruption
case. - FMT, 8/8/2023
Raja Rozela applied for early retirement, says AG
Attorney-General Idrus Harun says Raja Rozela Raja Toran will be on leave from Aug 30, while Ahmad Zahid Hamidi’s trial will go on till December.
PETALING JAYA: Raja Rozela Raja Toran was replaced as the lead deputy public prosecutor (DPP) in Ahmad Zahid Hamidi’s corruption trial as she applied for an early retirement and will be on leave from Aug 30, according to Attorney-General Idrus Harun.
Idrus said a new lead prosecutor was needed to take over Zahid’s Yayasan Akalbudi case as the next trial dates will be until December.
“This is to ensure continuity in the prosecution of Ahmad Zahid Hamidi,” he said in a statement.
“Raja Rozela applied for early retirement on April 3. The application was approved and will be enforced on Nov 1. Meanwhile, she has applied to go on leave before her retirement, starting Aug 30.”
Idrus added that deputy public prosecutor Dusuki Mokhtar will take over as the lead prosecutor in Zahid’s case.
The attorney-general said Dusuki had extensive experience as a deputy public prosecutor for nearly 30 years now and had handled high-profile cases even at the Court of Appeal and Federal Court.
One such high-profile case was the Lahad Datu incursion in 2013, which led to 13 people being convicted of various offences linked to the intrusion.
“The decision (to replace Raja Rozela) was made carefully to ensure the prosecution’s case against Zahid is not affected and so that the attorney-general’s chambers can ensure justice is served,” said Idrus.
Earlier today, New Straits Times reported that Raja Rozela had been taken off Zahid’s case. She had been absent during proceedings last week.
When contacted, Raja Rozela simply told the news outlet: “I am a public servant, I am not allowed to comment. My apologies.”
Pejuang information chief Rafique Rashid Ali had urged Idrus to explain the matter, questioning the necessity to replace Raja Rozela when she had been successful in establishing a prima facie case against the Umno president.
Zahid is standing trial on 47 charges of money laundering and criminal breach of trust (CBT) involving millions from Yayasan Akalbudi, which he founded, and accepting bribes for various projects during his tenure as home minister.
Twelve of the charges are for CBT, eight for corruption and the remaining 27 for money laundering.
Last week, the prosecution told the High Court that it is
still considering Zahid’s representations concerning his ongoing
corruption case. - FMT, 8/8/2023
Is Raja Rozela the new Gani Patail?
Comparisons are drawn between the removal of Raja Rozela Raja Toran as lead prosecutor in Ahmad Zahid Hamidi's corruption trial and the termination of Abdul Gani Patail as attorney-general amid a probe into 1MDB in 2015.
In July 2015, then attorney-general Abdul Gani Patail was abruptly replaced by Mohamed Apandi Ali. Prior to that, Gani was heading a special task force probing the wrongdoings in 1MDB.
As events eventually unfolded, the money trail in 1MDB led to then prime minister Najib Razak, who is now serving a 12-year jail sentence and an RM210 million fine for abuse of power and corruption.
One cannot be faulted for thinking that Gani's removal, some three months prior to his retirement in October, came as a relief for Najib, if not bought him precious time.
One also cannot be faulted for drawing a comparison between the episode, which took place eight years ago, and the recent removal of Raja Rozela Raja Toran as the lead prosecutor in the corruption trial of Deputy Prime Minister Ahmad Zahid Hamidi.
The similarities did not end there. When approached by Malaysiakini for comment at that time, Gani replied: "Never mind. I do not want to say a word. Nanti saya cakap ni banyaklah."
Meanwhile, Raja Rozela's response to the New Straits Times over her departure was: "I am a public servant... I am not allowed to comment. My apologies."
Officially, Gani "left" due to "health reasons" while Raja Rozela had opted for "early retirement". In both instances, the reasons were stated through media statements by their immediate superiors, that is, the then chief secretary Ali Hamsa for the former and Attorney-General Idrus Harun for the latter. Neither Gani nor Raja Rozela addressed the media, despite the huge public interest in their decisions.
Are the similarities not eerie?
Why did Raja Rozela leave when she had led the team that had proven a prima facie case against Zahid, who is facing 47 charges of criminal breach of trust, graft, and money laundering involving Yayasan Akalbudi funds?
The decision to drop Raja Rozela is part of a series of questionable decisions made by the prosecutors with regards to Zahid's trial. For one, he is able to get his passport back, purportedly for work, but from the looks of it, he took the opportunity to undergo a cosmetic procedure abroad, too.
Worse still, he was able to get his trial postponed in April over "new facts and evidence", and prosecutors were then instructed not to oppose the postponement. It is unclear what the "new evidence" was, but considering that his defence has been called, it is all very fishy.
By any accounts, these are suspicious moves that suggest political interference. It does not help that the law minister is an Umno leader.
If it is true that Raja Rozela was adamant about retiring, did the government try to persuade her to stay at least until the disposal of Zahid's case? What were the reasons behind her decision to call it quits, given her upstanding reputation as a prosecutor? Why was she dropped now when her retirement only takes effect in November?
There are far too many unanswered questions about Raja Rozela's departure. Unless the government clears the air over these, it would have to brace for a backlash from voters, particularly urbanites, in the state elections this Saturday.
The views expressed in this article are those of the author(s) and do not necessarily reflect the position of MalaysiaNow. - Malaysia Now, 9/8/2023
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