Pahang’s refusal pay RM63mil is against court order: Seruan

KUANTAN: The refusal of the Pahang government to pay compensation amounting to RM63mil is clearly going against the court order, plaintiff Seruan Gemilang Makmur Sdn Bhd claimed.

Its managing director Saiyeed Ali Al-Habsyee said Mentri Besar Datuk Seri Adnan Yaakob, as the defendant, should adhere to the order made in a writ of mandamus at the Kuantan High Court on Monday to pay up within 14 days.

“The order did not grant the Pahang government any privilege to defer paying the compensation.

“The mentri besar had claimed that the state government has new evidence to file a new application against the order.

“By right, Adnan should pay up first before submitting an appeal or any other action as defined in the law,” he told reporters during a press conference at the court’s premises Wednesday.

On Tuesday, Adnan said the state government had discovered new evidence involving perjury, fraud, forgery and conflict of interest which were not raised when the case was brought up at the Court of Appeal and Federal Court.

Saiyeed Ali said he was at the court Tuesday to witness the filing of an application for stay of execution by state legal adviser Datuk Mat Zara’ai Alias.

He said he would be engaging the services of prominent lawyer Karpal Singh to fight the case out in open court.

“I believe if the state government fails to adhere to the order, a warrant of arrest can be issued by the court,” he said, adding that he hoped Adnan would not go against the order to avoid a higher compounded interest.

On Dec 9, 2002, Seruan Gemilang had filed a suit against the state government and state forestry director seeking RM31mil in damages for breaching a logging concession contract relating to the extraction of timber logs from a 4,000ha plot of land belonging to Umno in Bebar, Pekan.

The Kuantan High Court decision on May 25 last year ordered them to pay RM37,127,471.60, with interest from April 5, 2000, to the company for breach of contract.

The Pahang government and state forestry director applied for leave to appeal against the decision, which was rejected by the Court of Appeal.

The Federal Court on Sept 17 last year affirmed the Court of Appeal decision.

Kuantan High Court had on Monday ordered Adnan and the state government to pay the damages to Seruan Gemilang Makmur Sdn Bhd after it failed to set aside the judgement and sum affirmed by the Federal Court on Sept 17, last year for breach of contract.

However, the state government had on Tuesday, filed a new application by including new evidence involving perjury, fraud, forgery and conflict of interest, details of which were not raised when the case was brought up at the Court of Appeal and Federal Court.

Adnan had also clarified that the order was issued not on him in a personal capacity but as an agent of the Government, adding that the state government would apply for a stay of execution

Meanwhile, Pahang PAS expressed concern over the court case.

Its secretary Roslan Zainal said the case had shown up the state government’s inefficiency and could plunge the state into worse financial turmoil.

“The state is already facing a RM98.61mil deficit. The people are now worried that this will result in Pahang having to face a much higher deficit.

“The state government must explain, in detail, to the people about what is happening. It must also explain to the public what system is used in awarding timber consession in the state,” he said in a statement Wednesday.