KUCHING, Aug 1: Datuk Amar Awang Tengah Ali Hasan has demanded Sarawak Report to withdraw its recent news report that implicated him of a “conspiracy to defraud RM285 million court judgment”.
The deputy chief minister also demanded the online news portal to publish an unqualified apology in terms to be approved by him, as soon as possible.
This with regards to an article dated July 27, 2019, titled “Sarawak’s J C Fong And Awang Tengah Accused Of Conspiracy To Defraud Over A RM285 Million Court Judgment”.
According to Awang Tengah, who is also Industrial and Entrepreneur Development Minister, the report had made false and defamatory allegations about him being involved in a conspiracy to defraud a RM285 million court judgement.
“The allegations about me are completely baseless and highly defamatory. I must say at the onset that there is no wrongdoing by me or any of the government officials. We are all discharging out public duties to serve the interest of the state.
“I am not aware of what court judgement of RM285 million Sarawak Report was referring to and the successful litigant was strangely not even named.
“It was claimed the successful litigant was the complainant. The identity of the complainant should be disclosed by Sarawak Report so that the public can know who he is,” he said in a statement, today.
Awang Tengah said it appeared that the article was referring to the land known as Lot 63 Sawai Land District, the document of title of which was issued to Tanjung Tiara Sdn Bhd on March 28, 1994, after a West Malaysian MP applied for it.
He added that the title for the land carried a special condition that all the plantable shall be planted within 10 years of registration of the title, meaning by March, 2004.
Based on official records, Tanjung Tiara Sdn Bhd submitted an Environmental Impact Assessment (EIA) report to the Natural Resources and Environment Board (NREB), stating that 90.6 percent of the land was plantable, he continued.
“By 2010, based on inspection and verification by Land and Survey department, less than 60 percent of the plantable land was actually planted. The Miri high court had also issued a winding up order against Tanjung Tiara Sdn Bhd.
“It is obvious by that time that Tanjung Tiara, an insolvent company, could not fulfil the title condition to develop all the plantable area, which according to the EIA report submitted by their consultant, 90.6 per cent of the area from the size of the land which is 4,856 hectares, was plantable,” Awang Tengah said.
Based on the above, he explained that an administrative notice to remedy the default was issued by the Land and Survey department to liquidators of Tanjung Tiara Sdn Bhd in 2012, to fully develop the whole plantable area.
However, the liquidators failed to comply with that administrative notice, whereby a notice of re-entry was served on Tanjung Tiara Sdn Bhd under Section 33A of the Land Code, he continued.
“According to land registry records, the land is still registered in the name of Tanjung Tiara Sdn Bhd but subject to the following encumbrances, namely, a charge in favour of Ha Tiung Nuing and Chan Yitt Fong by virtue of a court order and also that possession of the land be given by Tanjung Tiara Sdn Bhd to another company, Osun Timber Sdn Bhd, pursuant to a court order dated Nov 18, 2016.
“Therefore, the state government and its officials have not defrauded Tanjung Tiara of this land,” Awang Tengah argued.
He further explained that the dispute as to whether Tanjung Tiara has fully developed all the plantable area of 90.6 percent of the land is a subject matter in an action before the High court in Kuching, filed by the liquidators in the name of Tanjung Tiara Sdn Bhd against the state government, some state ministers and officials of Land and Survey department.
“Since this case is pending decision of the High Court on some preliminary issues of law, I shall not comment on the issues and dispute before the high court as these are sub judice.
“I will leave it to the high court to make its decision on the dispute brought to the court by the liquidators, and whether there was any wrongdoing by either Tanjung Tiara Sdn Bhd or the defendants.
“I will also leave it to the court to determine whether the publication of the article by Sarawak Report constitutes contempt of court,” he said. — DayakDaily
