Umno's response: It was BN, not us
A week after the rare High Court judgment ordering Umno to pay RM218 million for its campaign materials in the 2004 general elections, the ruling party finally responded.
A week after the rare High Court judgment ordering Umno to pay RM218 million for its campaign materials in the 2004 general elections, the ruling party finally responded.
Umno’s treasurer Abdul Azim Mohd Zabidi filed an application in court on July 24 to set aside the judgment based on a number of grounds.
In his six-page affidavit, Abdul Azim argued Elegant Advisory - the company which supplied millions of ringgit worth of campaign materials - had sued the wrong body as Umno did not contest in the general election. It was BN which did, he said.
"I am stating that the defendant, Umno, is not a party which contested in the 11th General Election but it was BN, another registered body," said Abdul Azim in the affidavit.
He also argued that no contract existed between Umno and Elegant Advisory.
"I have been advised by my lawyer that since there was no purchasing order which was specified in detail, therefore there is no contract."
The ruling party further argued that the campaign materials in question bore the BN’s dacing (scale) logo, and not the Umno’s logo of a keris (the traditional Malay dagger).
"Therefore, I am advised by my lawyer that the plaintiff’s action in principle was a misjoinder and/or abuse of the court process as a wrong party was cited by the plaintiff," the affidavit read.
The application was filed through law firm Hafarizam Wan & Aisha Mubarak.
In explaining the party’s failure to make a court appearance, the Umno treasurer also argued that he was not properly served with the writ of summons and the statement of claim.
He said the documents were served on one ‘Sahrena’, believed to be a staff at the Umno headquarters, and not on himself as the defendant named in the suit.
He added that he was not served with the judgment in default by the plaintiff and therefore he was not informed of the court’s decision.
Already settled out of court
He also revealed that Elegant Advisory has also filed a separate court action against Umno in 2005, thus rendering its latest action erred in law as a same action should not be repeated in court.
According to Abdul Azim, the 2005 case was settled out of court.
"I believe this action is a form of coercion and abuse on the defendant (Umno)," the Umno leader summed up in the document.
The 2005 case however was brought forward by the four sub-contractors - Percetakan Rina Sdn Bhd, Setia Kawan Printers Sdn Bhd, Art Printing Works Sdn Bhd and NHK Transport & Warehouse Sdn Bhd - in a joint suit, according to exhibits to the court document.
The four parties, represented by prominent lawyer Param Cumaraswamy, were claiming RM8.6 million from Umno as the sum for the 2004 campaign materials.
Contacted by Malaysiakini today, Param confirmed he has represented the four but said he could not disclose the amount and details on the out-of-court settlement.
"I am not at liberty to disclose the amount because of the confidentiality clause," the lawyer said.
‘We didn’t abuse court process’
Elegant Advisory executive director Samsudin Ibrahim in a Aug 6 respond to Umno’s application rebutted Abdul Azim’s argument that Umno was wrongly cited in the action.
The company contended that the Umno president, Abdullah Ahmad Badawi, is also the BN chairperson and his victory in the poll paved the way for his appointment as prime minister.
"Umno, as the biggest party in BN, has not only used the keris logo during the election but also used the dacing logo widely," said Elegant Advisory.
"BN is not a legal entity but it’s a coalition of political parties, with Umno being its biggest party."
Elegant Advisory also denied it has abused the court’s process to seek remedy and has complied with the legal process in serving Umno the relevant court documents.
The company also submitted four of its delivery orders of the campaigning materials to Umno, in which the receipt was confirmed with the stamping of the party’s seal. [View one of the delivery orders]
The court is expected to rule on Umno’s application to set aside the judgment soon.
Two weeks ago, several media representatives were informed that the matter would be heard in the High Court but none of the parties turned up on the day.
A check later found that the matter was not listed on the court’s schedule and attempts to contact a lawyer said to be representing Elegant Advisory were unsuccessful.
When contacted, Umno's lawyer Mohd Hafarizam Harun said that the party has been granted an interim stay of execution of the judgment.
"It was granted on July 30 before deputy registrar Ahmad Faizadh (Yahaya)," said Hafarizam, who is also the party's legal adviser.
The High Court is expected to rule on Umno's application to set aside the judgment on Oct 13.
