On Thursday, the Attorney General's Office encountered a setback in the Court of Appeal, unable to prevent lawyer Roslee Dalan from initiating a judicial review to challenge the wrongful arrest and detention by the Royal Malaysia Police, the Immigration Department, and the Malaysian government in 2023.
Led by Datuk Subang Lian, the three-judge panel unanimously dismissed the appeal by the Attorney General's Office today (13th).
Subang Lian, reading the judgment, said: "We are satisfied with the case, and this is not a frivolous application; the applicant (Roslee) has a case that can be debated."
He stated that the Court of Appeal believes that, according to the current development in the law, following the case of Datuk Sunder Rajoo, criminal investigations might be subject to judicial review.
The other two judges were Datuk Lim Chong Fong and Datuk Azizu.
Senior Federal Counsel Lafif Rizlan argued that Roslee's challenge through judicial review pertains to his arrest, detention, freezing of his bank account, and a travel ban, as well as actions taken during the criminal investigation, thus judicial review should not be allowed.
Roslee's chief representative lawyer, Datuk Naban, pointed out that the high court's judgment has proven malicious intent during the investigation process, as Roslee's office was searched, and he (Roslee) was arrested and detained.
At the time, High Court Judge Datuk Ahmad Kamal (since promoted to Court of Appeal Judge) ruled in April to grant Roslee's application for leave to commence judicial review.
On December 29, 2023, Roslee filed an application for leave for judicial review, naming the Inspector-General of Police Tan Sri Lazarudin, Bukit Aman Commercial Crime Investigation Department Director Datuk Seri Nanli, Bukit Aman Anti-Money Laundering and Anti-Terrorism Financing Division Director Datuk Mohd Hasroolah and Deputy Director Foo Wai Ming (Transliteration) Assistant Director, and Investigating Officer Mohd Faizal Police Superintendent as the first to fifth respondents.
He also listed the Director-General of Immigration Datuk Seri Khairul Dzaimee, the police, immigration department, and the Malaysian government as respondents.
Roslee seeks a court order to rescind the decisions or actions of the respondents, who allegedly abused their powers by linking him to a police report concerning i-Serve Technology and Vacations Sdn Bhd (i-Serve), which is unrelated to him.
He also seeks a court declaration that the actions of the five respondents led to his arrest, detention, and remand on October 26, 2023, and the freezing of his bank accounts were unlawful acts infringing the fundamental rights conferred by the Federal Constitution.
Roslee's representative lawyer, Harwind Sidhu, also informed the court today that the high court has set June 23 for the hearing of Roslee's judicial review case.