Published on: Friday, July 29, 2005 |
Kota Kinabalu: The worst is not over yet for Datuk Seri Osu Sukam - the Ritz Hotel Casino Ltd and RHC Ltd in London have filed their appeal to recover RM7.14 million in gambling debts from the former Chief Minister.
The appeal was filed by counsel Colin Lau & Co here and the notice was sent to Osu through his counsel Sugumar Balakrisnan.
The Ritz Hotel Casino and RHC in their notice said they were dissatisfied with the decision of Justice Datuk Ian HC Chin given in the High Court here on July 5, this year.
They are appealing to the Court of Appeal against the whole decision except with regard to the ruling on Order 65 Rules of the High Court 1980 and costs.
RHC is a subsidiary of Ritz Hotel Casino who act on behalf of the latter to accept cheques given in exchange for cash and tokens to gamble at The Ritz Club. Justice Chin had dismissed the application by Ritz to register the judgement obtained in the English High Court to recover RM7,142,859.98 in gambling debts owed by Osu, who was also a Federal Land and Cooperatives Development Minister.
Osu had, among others, contended that the registration would contravene Order 65 Rules of the High Court 1980 since the foreign process was served by a private agent in Malaysia but Justice Chin ruled there was no merit in the argument.
He also had dismissed costs to the debtor saying Osu "is not deserving as he had engaged in an activity that his religion frowns upon and which would be against public policy to assist him by way of awarding him costs."
Justice Chin also said "what is offensive and totally unfair is for the casino to allow someone to gamble on credit in order to make him lose not only his pants but the livelihood of his wife and children as in this case."
The unfortunate turn of events for Osu was described as a blessing as the nation was shocked at the amount which Osu had gambled.
It emerged that Osu had gamble away some RM157 million and lost RM31.17 million at the casino in just seven months from February to September 2002.
When Osu could not afford to repay his debts, instalment payments were arranged. However, his cheque for RM7.14 million bounced and the casino sued him.
In the same week as the Ritz judgment, Osu settled an undisclosed amount owed to a Melbourne casino.
Although the Ritz Club lost to Osu in the High Court, it won against another Malaysian debtor when the Penang High Court allowed the RM14mil debt owed by the former wife of a member of a royalty Datin Arina Abdullah to be registered here locally - all within a week.
