Thursday, November 17, 2011

NLFCS tried to bribe OKU

Key witness says paraplegic was asked by NLFCS to make a false report against him

KUALA LUMPUR: TUES (NOV 15) - The star witness of a project management company suing the National Land Finance Cooperative Society for breach of contract today told the Kuala Lumpur High Court that the principal officers of NLFCS had tried to bribe a paraplegic to bear false witness against him.

Gapala Krishnan, who is also the consultant for Westingmount Holdings Sdn Bhd said under examination in chief that NLFCS executive chairman Tan Sri KR Somasundram and NLFCS chief executive officer Datuk B Sahadevan had tried to induce S. Ramayah into making a false police report that the consultant had taken money from him as deposit for a house and failed to deliver the house to him.

S. Gopalakrishnan, a prominent law lecturer and a one time well known advocate and solicitor who went on to consult for Westingmount told Judge Datuk Abdul Aziz the paraplegic was asked to make a false police report against him.

S.Gopalakrishnan was referring to a statutory declaration made by paraplegic Ramayah and a police report made by the former, which were both tendered in court as evidence today.

In the SD, a copy of which was made available to the Star, the paraplegic had confessed that he was promised a house if he made a false report against the consultant.

Ramayah, a former resident of Sungai Tukang Estate in Sungai Petani which Westingmmount was supposed to develop part of in a joint –venture with NLFCS will appear as witness on Thursday..

Earlier, Gopalakrishnan under examination by counsel Ranjit Singh said NLFCS did not secure a separate title to the 5.2ha land in its name.

Ranjit Singh: Was the original issued document of title given to the plaintiff?

Gopalakrishnan: No. It was not given to the plaintiff even though I and the town planner had on many occasions had meetings with Somasundram to request for the title but he always would give us an assurance that the same would be given at a later date.

He also said that in March 2009, Somasundram called him and informed him that NLFCS was going to enter into a memorandum of understanding with the KEDA Regional Development authority to develop the same piece of land that was given to Westingmoint.

“He told me that Datuk Seri Samy Vellu was at the land and wanted NLFCS to inform me that the land would be handed over to KEDA and directed NLFCS to terminate Westingmount’s service with compensation.”

He told the court that the reason for handing over the land to KEDA was politically motivated. as there was a by election in Bukit Selambau in 2009 and the squatters of the former Sungai Tukang Estate were clamoring for resettlement after NLFCS successfully secured a court order in 2007 to evict them.

After seeking permission from the judge, Gopalakrishnan went on to say that he was disappointed with the transaction as the land was given to KEDA at RM 2 million when the market value was about RM4 million based on its agi-status.

Westingmount, subsequently sued NLFCS for RM8 million after failing to get adequate compensation.

The case went to court early this year but was interrupted by the defendant taking the matter to the high court and later to the court of appeal in vain to dismiss the plaintiff’s claim as frivolous among others.

The crux of the case involves a 5.28ha plot in Kampung Sungai Tukang, some 3km from Sungai Petani, which NLFCS handed over to Westingmont to develop in a joint-venture.
Westingmont, a project management company, went to court last August after NLFCS told it that the agreement signed in 1999 to develop the plot located next to a booming township had expired.

After repeatedly seeking compensation, NLFCS informed Westingmont that it was not prepared to pay any compensation for the work carried out by the project manager, Westingmount.

Westingmont secured a writ of summons on Aug 23 seeking special and general damages amounting to RM8mil.

NLFCS is being represented by Palani Aishah & Co while Ranjit & Partners appeared for for Westingmont.

The hearing continues.

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