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2014 MarsdenLR 2307

HIGH COURT MALAYA KUALA LUMPUR
ROSLI DAHLAN – Appellant
Versus
TAN SRI ABDUL GANI PATAIL & ORS – Respondent


[1] The Plaintiff pleads in his Statement of Claim that he is an advocate and solicitor and a partner in the law firm of M/s Lee Hishammuddin Allen & Gledhill. The Plaintiff has been in active practice as an advocate and solicitor since May 1988.

[2] The Plaintiff in paras 2.1 to 2.12 of the Statement of Claim identifies the Defendants and attributes the following facts to them either jointly or severally.

[3] The 1st Defendant, Tan Sri Abdul Gani Patail, was and is the Attorney General ("AG") of Malaysia appointed under art 145 of the Federal Constitution. The 1st Defendant is also the Public Prosecutor of Malaysia and has the discretion to institute, conduct or discontinue any legal proceedings. The AG has control over all officers of the Attorney Generals Chamber ("AGC") who act on his authority.

[4] The 2nd Defendant, Tan Sri Musa Hassan, was at the material time the Inspector General of Police ("IGP") appointed under the provisions of the Police Act, 1967. The PDRM and its members come under the direct command and control of the 2nd Defendant and acted on his authority.

[5] The 3rd Defendant, Tan Sri Abu Kassim Mohamed, was the former Director General of the Anti-Corruption Agency

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