The AG was seeking to prevent lawyer Rosli Dahlan from bringing proceedings against the police and government for wrongfully arresting and remanding him during investigations into a fintech company.
A three-member bench chaired by Justice Supang Lian said they found no merit in AG Dusuki Mokhtar’s appeal.
Supang added that the High Court was entitled to determine whether an application for leave to bring judicial review proceedings was frivolous or whether the applicant has an arguable case that should be determined on its merits.
“Based on a Federal Court ruling, we dismiss the appeal as criminal investigation powers may be subject to judicial review,” she said.
Also on the panel were Justices Lim Chong Fong and Azizul Azmi Adnan.
Last year, Justice Ahmad Kamal Shahid, now an appeals court judge, granted Rosli leave to pursue his legal challenge, citing triable issues as regards his remand, travel ban, and the freezing of his bank accounts.
Rosli was arrested on Oct 26, 2023 in connection with an investigation into i-Serve Online Mall Sdn Bhd.
On Dec 29, 2023, he filed for judicial review of the police and government’s actions, claiming he was wrongfully arrested.
He claimed the police abused their powers under the anti-money laundering law and falsely linked him to a 2018 police report lodged by budget airline AirAsia, which claimed it had been cheated by i-Serve.
Rosli also claimed that the police did not record his statement after a magistrates’ court granted an application for his one-day remand on Oct 27, 2023. Instead, he was released from custody later that day.
He was served with eight orders freezing his bank accounts when he returned to Bukit Aman on Nov 3 to have his statement recorded.
Rosli discovered he was banned from leaving the country on Nov 18, 2023, when attempting to travel to Singapore for a wedding. The travel ban has since lapsed, and his access to several of his accounts has been restored.
Rosli is seeking a certiorari order to quash his arrest, detention and remand on grounds that they violated anti-money laundering laws.
Lawyers DP Naban and Harvinderjit Singh represented Rosli, while senior federal counsel Rahazlan Affandi Abdul Rahim and federal counsel Nurul Muhaimin Azman represented the attorney-general.