Photo shows the exterior of the Kuching Court Complex. — Photo by Chimon Upon
KUCHING (April 20): A lawyer for the merger exercise involving Supreme Consolidated Resources Sdn Bhd and the acquisition by Hubline Berhad of Layang-Layang Aerospace Sdn Bhd said their transactions were legal and above board.
Chiew Pok Oi, the 13th witness in the defamation case filed by businessman Dato Richard Wee against lawyer Michael Kong, was asked by Wee’s counsel Shankar Ram if there was anything ‘out of the ordinary’ or ‘hanky-panky’ during the merger exercise and acquisition.
“Both the transactions were legitimate and proper business dealings done at arms length between willing parties to those transactions.
“To the best of my knowledge, I can say that there were absolutely no improper dealings in so far as the two transactions were concerned,” said Chiew, 69, during the examination in chief yesterday.
The case was presided over by High Court Judge Dr Alwi Abdul Wahab.
When asked if he saw any allegation of impropriety on Kong’s Facebook posting at 6.24pm on July 21, 2020, Chiew said initially, he was not aware of the post but was subsequently given a copy of that particular post for reference when Wee requested him to give a witness statement in connection with the defamation case.
“On reading the Facebook post, my initial reaction among others was that the two business transactions that were mentioned in the article were being called into question, implying improper or unlawful dealing, because of the plaintiff’s alleged connection with government of the day and politicians in power, especially the GPS government and PBB politicians,” said Chiew, referring to the state ruling coalition Gabungan Parti Sarawak and Parti Pesaka Bumiputera Bersatu.
In his cross examination of Chiew, Kong’s lawyer Chong Chieng Jen said: “You mentioned that when you read the Facebook posting, your initial reaction was that the two business transactions were being called into question implying improper or unlawful dealings.
“Are there such words appearing in the Facebook post alleging impropriety or unlawfulness in the two business transactions?”
Chiew: The ordinary meaning of the Facebook post beside its literal meaning gives the implication that the plaintiff has not been truthful, has not fully disclosed alleged connection with the GPS government and PBB politicians in his business dealings.
“The Facebook article (post) specifically referred to the transactions involving Layang-Layang Aerospace Sdn Bhd and Supreme Consolidated Resources Sdn Bhd. It also specially named Dato Ibrahim Baki as being on the Board of Directors of both these companies, implying that these transactions were somehow the result of political connection or cronyism when in fact there was no such thing.
“I would say that the implication in the words used in the article has the same effect as what counsel is putting to me, except that although there are no such exact words used in the article, the implied meaning is the same.”
Ibrahim is a PBB politician who was elected Satok assemblyman in the last state election.
Chong: Are you saying that by merely mentioning the name of PBB leader Dato Ibrahim Baki associating with businessmen will give implied meaning of cronyism?
Chiew: When read in the context of the Facebook article as a whole, it does give that implied meaning of cronyism.
When Chong put to him that, in respect of Layang-Layang Aerospace Sdn Bhd which was mentioned in the defendant’s Facebook posting, it made no mention whatsoever about the acquisition process of Layang-Layang but mainly touched on the business of Layang-Layang, Chiew gave a long reply.
“What gives the implication of impropriety is the association of this company with a politician like Dato Ibrahim Baki and the reference to the GPS government.
“A general public who does not know about the details of the transaction would assume that there is such a connection and therefore improper dealings,” he said.
When the question was repeated by Chong, Chiew said: “If you confine to the acquisition process, I agree it was not mentioned.”
When put to him in respect of the Supreme Consolidated Resource Berhad mentioned in the defendant’s Facebook posting, that there was no mention whatsoever about the acquisition process of Supreme Consolidation Resource Berhad by Hubline, Chiew replied that he agreed.
“I agree but the guilt by the association with the allegation of connection with the GPS government and PBB politicians is still there,” he said.
Chiew however disagreed with Chong that there were allegations of impropriety or unlawfulness in the acquisition of the two companies – Layang-Layang and Supreme Consolidated.
Shankar was assisted by lawyers Yu Ying Ying and Russel Lim, while Chong was assisted by Sim Kiat Leng.
Wee, who is executive chairman of Hubline and chairman of Layang-Layang – a subsidiary of Hubline – is suing Kong for defamation over a statement posted by the latter on Facebook, that Wee should have declared his business with GPS and PBB.
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