KUALA LUMPUR (Nov 6): Lawyer Rosli Dahlan has filed an application at the High Court here to strike out the Malaysian Anti-Corruption Commission's (MACC) application to retrieve documents relating to the Goldman Sachs settlement with 1Malaysia Development Bhd (1MDB).
Rosli and his law firm Messrs Rosli Dahlan Saravana Partnership (RDS) were separately named in the application to retrieve the documents.
In a motion filed on Nov 3 sighted by The Edge, Rosli applied to strike out the application made by MACC, along with costs and other relief deemed necessary.
In his affidavit in support to strike out the application, Rosli said MACC was wrong in singling him out as the first respondent in the application, as the documents are in the possession of the firm.
He further alleged that the commission lacks the locus standi (legal standing) in initiating the application, and does not have the power or authority to demand the documents.
He also questioned the commission's purpose in naming him in the application and described the anti-graft agency's action as mala fide (made in bad faith), malicious, frivolous, vexatious, scandalous and slanderous.
Rosli, in the affidavit, also alleged that it was preposterous for MACC to suggest that he stole US$1.7 billion, or some RM7 billion. Moreover, the sum showed the madness of the claim made against him.
He further claimed MACC used blog stories to build a case against him.
Rosli is said to have played a central role in 1MDB’s negotiation with Goldman Sachs in August 2020, which saw the US financial institution agreeing to pay US$3.9 billion to settle the dispute.
However, Prime Minister Datuk Seri Anwar Ibrahim indicated that the government was considering suing Goldman Sachs over its role in the misappropriation of billions of dollars from 1MDB despite reaching the settlement.
According to reports last month, Goldman Sachs has decided to bring the matter to the London Court of International Arbitration.
On Oct 6, MACC had raided RDS, which represented 1MDB, along with Messrs Chethan Jethwani & Co, which represented Goldman Sachs, to try and retrieve documents over the matter.
Failing to do so, the graft-buster filed a notice of motion dated Oct 11 at the High Court against the two firms to compel them to produce documents related to the settlement between 1MDB, Goldman and local financial institution AmBank.
MACC claimed that it was investigating the firms under Section 17(a) of the MACC Act for the offence of giving or accepting gratification and Section 4(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activity 2001 (AMLA) for purported money laundering offences.
MACC contended that the defence of privileged communication under Section 46(2) of the MACC Act and Section 126(1) of the Evidence Act 1950 does not apply to the two offences being investigated.
MACC is seeking a court order for the production of, among others, the two law firms’ accounts and all correspondence with their clients pertaining to the settlement deal.
So far, RDS has sought 1MDB’s permission to release the documents to MACC. Prior to this, Rosli in his affidavit in reply to MACC’s request had alleged the anti-graft agency was being used to persecute Anwar’s political opponents.
It remains uncertain whether RDS had also applied to strike out MACC's request.
The commission's application is fixed for case management on Nov 9 before High Court judge K Muniandy.