A Johor-based company has filed a suit in the High Court in Kuala Lumpur against a 'special officer to the prime minister', a company and two others, for fraud and cheating.

It has been confirmed that the individual, who is a 'datuk seri', works with the Prime Minister's Department and is said to be in charge of projects.

The 'datuk seri' is alleged to have duped the company into paying RM250,000 into his account for a joint-venture in a 50ha sand mining project in Mukim Tanjung Dua Belas, which had allegedly received approval from the Department of Environment.

The plaintiff, Nice Garden Sdn Bhd, is alleging fraudulent misrepresentation and cheating by the defendants after it found the alleged approval by the DOE was false.

It named Infra Penaga Sdn Bhd, (Datuk Seri) Hasan Ayoub, (Datuk) Abdul Samad Othman and Adnan Shah Che Yusoff as defendants.

Abdul Samad and Adnan are said to be directors of Infra Penaga.

In its statement of claim filed this year, Nice Garden said the respondents had agreed to the joint-venture by signing an agreement dated Aug 20, 2010.

'DOE responded that letter was false'

Nice Garden claimed it paid RM250,000 on April 26 last year as an initial deposit for the project, which had been issued a licence to extract sand.

When the joint-venture failed to take off after several months, Nice Garden sent a letter on Aug 23 to the DOE to verify whether the project had received approval.

The DOE responded to Nice Garden on Aug 27 that the approval letter in Hasan's name was false and that the department had not issued any such letter.

The plaintiff claimed the respondents had jointly made a misrepresentation by falsifying government documents to influence and cheat it.

After the discovery, Nice Garden lodged a police report.

Following this, it sought damages of RM250,000 as deposit for participating in the joint-venture contract, interest, general and special damages to be assessed, as well as costs and other relief.

The matter came up before Justice VT Singham today.

Nice Garden was represented by Mohammad Fauzi Abdullah, while the respondents - excluding Abdul Samad - were represented by Darshan Singh Sandhu.

Attempt to settle out of court

Darshan informed the court that his clients had agreed to pay a settlement in three staggered payments.

“They have offered and agreed to pay a portion of it next month, and again in early August and the final payment later that month. The defendants are in the process of seeking DOE approval,” he said.

 

However, Fauzi said his client was not agreeable to this and wanted a lump-sum payment.

Justice Singham asked why both parties could not agree to a settlement as this would help settle the case. He noted that both parties had told the court on June 15 that they are working on a settlement.

“I apply for the case to be fixed for case management to get further instructions. My client has been very careful in handling the matter as the person claimed to be a special officer to the PM,” he said.

Darshan said the respondents had filed a defence statement on June 22.

“My client is of good standing and I can confirm he works in the Prime Minister's Department. We wanted to settle the matter amicably but the other side seems not to agree to the terms,” he said.

Parties ordered to file documents on issues agreed

Justice Singham then ordered parties to file the necessary documents on what the plaintiff and defendants have agreed upon by July 13.

Fauzi said for the third defendant, Abdul Samad, he was unsure whether the necessary sealed documents of the suit had been served on him.

“We sent an AR registered letter but have yet to receive a reply,” he said.

Justice Singham then asked why was there had been no follow-up.

“You should check with the post master if you have not received the reply card,” he said, and fixed July 6 for mention of Abdul Samad's matter.

Justice Singham fixed July 20 for case management and encouraged both parties to settle the matter. Should there be nothing in sight, he would fix a hearing date on that day.