Sabindo builder claims duo misleading public
Published on: Monday, July 13, 2020
Kota Kinabalu: Aggasf Construction Sdn Bhd (Aggasf) and Jeramas Sdn Bhd (Jeramas), the joint-venture developer of the Tawau Sabindo commercial development, vehemently refuted allegations by Basel Christian Church of Malaysian Bishop Dr James Wong and Assistant Minister to the Chief Minister Datuk Jimmy Wong, on the project.“All the allegations are not true and misleading. They tried to mislead the Chief Minister of Sabah and the public,” said Dato Sri Alex Kong (pic), the managing director for the two companies, in a statement, Sunday.
Jimmy Wong
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He said, for example, the allegation that the Tawau Municipal Council (TMC) who is the project owner had given consent judgement to follow the instruction of the court to demolish the unfinished structure (‘Block D’) at the said location was false and misleading.
“TMC had only given its consent to the Plaintiffs for the application for an injunction, and NOT the consent judgement to the court for making whatsoever rulings and/or orders for TMC to follow or comply. This allegation is baseless and misleading,” he said.
Kong also reminded Bishop Wong, who is the leading Plaintiff in the suit against the Developer that the Plaintiffs had in their pleading in the Statement of Claim dated Jan 26, 2006 clearly mentioned that the Developer can develop ‘Block D’ after the said land is successfully alienated to TMC complete with the land title. The land title for the said plot of state land was subsequently issued to TMC on July 2, 2019 for commercial development.
“The Plaintiff then instructed his lawyer Amin Jaafar and Company to withdraw his application for amendment of the date of the Court Order dated Oct 23, 2009. The court allowed the Plaintiff’s application for withdrawal with the cost of RM1,000 awarded to the Developer,” Kong pointed out.
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He asserted that this effectively means that both Bishop Wong and Jimmy no longer have any legal rights to continue with this malicious prosecution to demand the developer to demolish the uncompleted buildings.
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James Wong (Pic Credit: bccmsdk.blogspot.com)
As for the High Court Order dated Oct 23, 2009 which Bishop Wong claimed was made in favour of the plaintiffs i.e. to demolish the uncompleted structures, Kong retorted that the Plaintiffs pleading in the Statement of Claim dated 26 January 2006 explicitly stated that, it was “an order compelling Jeramas Sdn Bhd whether by themselves or their servants or agents or any of them or otherwise howsoever to forthwith dismantle, remove and clear all plants, equipment and materials laden on Block D”.
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And six years later, sometime in February 2015, the Plaintiff applied to the court for contempt alleging that the Developer failed to comply with the Court Order to dismantle the uncompleted structures.
On Aug 25, 2015, High Court judge, Judicial Commissioner Azhahari Kamal Bin Ramli made a ruling that the Court Order dated Oct 23, 2009 speaks about the Developer’s obligation to dismantle, remove and clear all plants, equipment and materials laden on Block D. It does not talk about the Developer’s obligation to dismantle, remove and clear the existing uncompleted structure on Block D.
Azhahari further stated that the said Court Order had been affirmed by the Court of Appeal, and it is not open to the Plaintiff to amplify the Court Order by reading the Grounds of Decision into the Court Order dated Oct 23, 2009.
Based on the facts and above grounds, the Plaintiff’s application for contempt was dismissed by the court with cost of RM15,000 awarded to the Developer.
Kong went on to note that up to today, he has not received any Court Order to compel him to dismantle, remove and clear the uncompleted structure.
“There is no Federal Court ruling to order us, as the Developer, to demolish the unfinished and illegal structure as alleged by Bishop Wong. This allegation is completely false and misleading,” he contended.
He also dismissed Jimmy’s allegation that due to no intervention from the authorities including the Attorney General’s office, the Developer managed to continue with the said commercial development for two years until Jimmy and Plaintiffs secured a Court Order on Oct 23, 2009.
“This, again is a blatant lie to mislead the public and the State government. As an Assistant Minister in the Chief Minister Department, a senior post in the State Government, Jimmy must tell the truth when speaking in the public, and carry out his official duties according to the rules of law.
“Otherwise the image of the State Government under Datuk Seri Mohd Shafie Apdal, as the Chief Minister of Sabah will be tarnished,” he said.
Kong contended that if Jimmy has any complaints and/or findings on any matters, he should prepare and submit his reports officially to the Chief Minister, for the latter to read and make official statements, if necessary.
“And definitely not for him (Jimmy) to make official statements in the media, as he wishes,” he said.Stay up-to-date by following Daily Express’s Telegram channel.
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