KUCHING: State legal counsel Datuk Seri JC Fong says he has been falsely accused of being part of a “conspiracy to defraud over a RM285 million court judgement”.
Describing the allegations as malicious, he said he would institute legal action against the news portal, Sarawak Report, which published the report on July 27.
He said Sarawak Report never contacted him before the publication of the said article.
“I reserve my rights to institute legal action against Sarawak Report and other parties, including a businessman, surnamed Tay, who owns a hotel in the Padungan area, who is to my knowledge, responsible for the publication of the article, and a former officer in Jabatan Insolvensi, Latip Mohammad, for making a statutory declaration containing defamatory matters and publishing it in Sarawak Report, among others,” he said yesterday.
Fong pointed out that the allegations made in Sarawak Report related to disputed factual and legal issues still pending determination by the Kuching High Court no. KCH-21-2NCvC-5/6-2018: Tanjung Tiara Sdn Bhd (In Liquidation) v Sajeli Kipli and six others.
“I am the counsel for all the defendants, which also included the state government of Sarawak.
“The Sarawak Report relates to matters which are sub-judice and in contempt of court.
“It is a clear attempt to intimidate me and to affect the discharge of my professional duties in the defence of the state government and its ministers and officials in this ongoing court case.
“Serious consideration will now be given to instituting contempt proceedings against Tay and Latip, among others,” he said.
Nevertheless, Fong said he would continue to follow professional ethics and discharge his duties without fear or favour.
“I carry out my professional duties based on facts and documents presented to me by those whom I represent in court.
“If Tanjung Tiara Sdn Bhd or Tay disputes these facts or documents, such dispute should be decided by the court in the ongoing case, and not through a foreign news portal giving a bias account of the dispute,” he added.
He went on to say: “Without commenting on matters which are sub-judice, I wish to point out the glaring omissions in the Sarawak Report, seemingly intended to shield certain parties from being implicated with the alienation of the land in question, Lot 63 Sawai Land District.”
For the record, Fong said the title for the land was issued to Tanjung Tiara Sdn Bhd on March 28, 1994 following a written application by its chairman, a well-known West Malaysian politician made to the then Chief Minister.
He challenged Sarawak Report to name him and seek MACC’s help to investigate why the land was alienated to this person’s company at what Sarawak Report claimed to be “low premium”.
“I am sure Sarawak Report would be transparent enough to make such an important public disclosure of the identity of the person who applied for and was given the land.
“If Sarawak Report wishes, it could authorise the state government to produce the original application letter dated Jan 21, 1994 for public inspection.
“In any event, this application letter had been disclosed in two cases before the High Court, and Tanjung Tiara Sdn Bhd and its liquidators do not dispute its authenticity,” he said.
Also for the record, Fong said land was never alienated to Tan Yik Soon as alleged by Sarawak Report, adding that Land Registry Office records and the pleadings filed in the said court case would definitely confirm that the land had always been registered in the name of Tanjung Tiara Sdn Bhd.
Fong said Tan, whom Sarawak Report claimed to be the “present complainant”, had given him a written confirmation that he (Tan) never owned the land and he never made any complaint to Sarawak Report against him or any minister or official in the state government.
Fong said Sarawak Report also did not identify or provide any details of the RM285 mln judgement that he (Fong) was allegedly a party to “defraud”, in particular, the name of the “successful litigant”.
“I also ask Sarawak Report to name the ‘successful litigant’ and if it is a company, all its current and past shareholders.”
On the alleged “bogus contract” prepared by him, Fong said he strongly refuted the allegation, adding that this “bogus contract” was a subject matter of two concluded cases: –
(a) Miri High Court case MYY-22NCvC2/3-2016: Osun Timber Sdn Bhd v Tanjung Tiara Sdn Bhd; and
(b) Miri Sessions Court Criminal Case: MYY-63K-1/4-2018: Public Prosecutor v Ha Tiung Noon
He said the sworn testimony of witnesses and the judgments in the two cases would prove conclusively that he was not the person who prepared that so called “bogus contract”.
In fact, the High Court declared it was a “valid and subsisting contract” and its judgment was upheld by the Court of Appeal, he added.
Fong urged Sarawak Report’s editor to appoint a solicitor in Sarawak to accept service of his writ.
In the meantime, Fong advised the public to await the outcome of the case of Tanjung Tiara Sdn Bhd v Sajeli Kipli and six others, saying: “I’m confident this case would unearth the real truth; and the greedy and corrupt will be mercilessly exposed!”
