PKFZ: Kuala Dimensi claims criminal conspiracy
S PathmawathyPublished: Oct 9, 2009 12:02 PM | Updated: Oct 9, 2009 12:36 PM
A police report has been lodged today by PKFZ turnkey developer Kuala Dimensi Sdn Bhd over two important letters which were not allegedly handed over to auditors PriceWaterhouseCoopers (PWC).
A police report has been lodged today by PKFZ turnkey developer Kuala Dimensi Sdn Bhd over two important letters which were not allegedly handed over to auditors PriceWaterhouseCoopers (PWC).
Kuala Dimensi's deputy chief executive officer Faizal Abdullah named Transport Minister Ong Tee Keat and Port Klang Authority (PKA) chairperson Lee Hwa Beng in the police report, which was lodged at the Brickfields police station.
He claimed that the duo had committed offences under the Penal Code for criminal conspiracy by not handing over the two letters to the independent auditors who were investigating the PKFZ project.
"There is a criminal conspiracy that may have been plotted by Ong and Lee," said Faizal after lodging the report.
"This is serious because we believe there is a conspiracy to cheat the public and certain interested party on the details on this matter," he added.
Faizal said that the first letter, dated May 10, 2008, was allegedly written by Ong to the then prime minister Abdullah Ahmad Badawi.
"In it, Ong justifies and recommends that the prime minister accept the valuation of approximately RM1.2 billion of works to be carried out by Kuala Dimensi in the PKFZ project," said Faizal.
Are they more hidden letters?
He however added that Ong had denied any knowledge of such a letter in his suit against Kuala Dimensi.
Faizal's second contentious letter was allegedly written by Abdullah's deputy private secretary Ahmad Nazri Yusof to accept Ong's recommendation on May 14, 2008.
Both the letters were posted in an anonymous blog which is anti-Ong.
"I am concerned because I have never seen these letters in the PWC report and the task force committee's report... I am worried that these documents that implicate the transport minister has been destroyed, hidden or concealed," said Faizal.
"I believe that Ong's and Lee's failure to disclose the letters was to lay blame on Kuala Dimensi and Tiong King Sing (chief executive officer of KDSB).
He added that he was worried that more documents of the Transport Ministry and PKA may be destroyed.
"I am concerned that the two letters were not disclosed for the simple reason that it disproves the contention in PKA's civil suits against Kuala Dimensi," he added.
Ongoing legal battle
Kuala Dimensi is the turnkey developer of the PKA-owned multi-billion ringgit failed PKFZ project, prompting the government to engage PwC to perform an audit on the project.
Following the publication of PwC's report in May, Kuala Dimensi filed a defamation suit against PKA and the auditor for defamatory comments found in the report.
Amongst others, the PwC report claimed that Kuala Dimensi 'may have' overcharged PKA in the land purchase and overpriced the value of its works.
Faizal added that the dispute was between PKA and Kuala Dimensi on the interpretation of the contractual agreement that both parties had signed.
"PKA thinks we are only entitled for 'X' payment while we interpret that the agreement says we are entitled for 'Y' payment... so the only way to go about is to go the court or for arbitration to decide who is correct in interpreting the agreement that we entered."
He also quizzed the credibility of PKA's RM920million suit against Kuala Dimensi. Faizal said that PKA is yet to furnish his party with the notice of the suit.
"They still haven't served the notice to us... they said they have 60 days to serve but why wait and delay, when they have already filed the writ?
"Maybe they are afraid that after we read, we can make a public rebuttal," he added.
Kuala Dimensi's deputy chief executive officer Faizal Abdullah named Transport Minister Ong Tee Keat and Port Klang Authority (PKA) chairperson Lee Hwa Beng in the police report, which was lodged at the Brickfields police station.
He claimed that the duo had committed offences under the Penal Code for criminal conspiracy by not handing over the two letters to the independent auditors who were investigating the PKFZ project."There is a criminal conspiracy that may have been plotted by Ong and Lee," said Faizal after lodging the report.
"This is serious because we believe there is a conspiracy to cheat the public and certain interested party on the details on this matter," he added.
Faizal said that the first letter, dated May 10, 2008, was allegedly written by Ong to the then prime minister Abdullah Ahmad Badawi.
"In it, Ong justifies and recommends that the prime minister accept the valuation of approximately RM1.2 billion of works to be carried out by Kuala Dimensi in the PKFZ project," said Faizal.
Are they more hidden letters?
He however added that Ong had denied any knowledge of such a letter in his suit against Kuala Dimensi.
Faizal's second contentious letter was allegedly written by Abdullah's deputy private secretary Ahmad Nazri Yusof to accept Ong's recommendation on May 14, 2008.
Both the letters were posted in an anonymous blog which is anti-Ong."I am concerned because I have never seen these letters in the PWC report and the task force committee's report... I am worried that these documents that implicate the transport minister has been destroyed, hidden or concealed," said Faizal.
"I believe that Ong's and Lee's failure to disclose the letters was to lay blame on Kuala Dimensi and Tiong King Sing (chief executive officer of KDSB).
He added that he was worried that more documents of the Transport Ministry and PKA may be destroyed.
"I am concerned that the two letters were not disclosed for the simple reason that it disproves the contention in PKA's civil suits against Kuala Dimensi," he added.
Ongoing legal battle
Kuala Dimensi is the turnkey developer of the PKA-owned multi-billion ringgit failed PKFZ project, prompting the government to engage PwC to perform an audit on the project.
Following the publication of PwC's report in May, Kuala Dimensi filed a defamation suit against PKA and the auditor for defamatory comments found in the report.
Amongst others, the PwC report claimed that Kuala Dimensi 'may have' overcharged PKA in the land purchase and overpriced the value of its works.
Faizal added that the dispute was between PKA and Kuala Dimensi on the interpretation of the contractual agreement that both parties had signed."PKA thinks we are only entitled for 'X' payment while we interpret that the agreement says we are entitled for 'Y' payment... so the only way to go about is to go the court or for arbitration to decide who is correct in interpreting the agreement that we entered."
He also quizzed the credibility of PKA's RM920million suit against Kuala Dimensi. Faizal said that PKA is yet to furnish his party with the notice of the suit.
"They still haven't served the notice to us... they said they have 60 days to serve but why wait and delay, when they have already filed the writ?
"Maybe they are afraid that after we read, we can make a public rebuttal," he added.
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