KUCHING, Nov 28: Jepak Holdings is now preparing to file a lawsuit against several government servants from the Ministry of Education after it won an extension on a court injunction against the federal government in connection with its contract to supply and install hybrid power for schools in Sarawak.
Jepak’s chief executive officer Dr Gabriel Walter revealed Jepak’s next step would be to establish that the Government Proceeding Act, is not an engine for fraud and abuse of power by government servants.
“When someone uses his power to withhold 100 per cent of payments for work clearly done, for more than 21 months, affecting the livelihood of hundreds of Sarawakian rural workers and many small businesses, that is clearly a combination of wrongful acts of nonfeasance, misfeasance and or malfeasance. There should be justice for the little guys.
“Why should the wrong doers be allowed to go free, just because the government is able to pay for damages?” according to Gabriel in a statement issued here today.
He asserted that civil servants believed they were protected under Section 5 of the General Proceeding Acts. But several Federal Court cases have shown otherwise.
“We have a strong and passionate legal team looking into contractual breaches.
“Now we have a second team that has been looking into the criminal acts of the potential defendants during the implemention of the project,” he added.
Gabriel, 44-year old Kelabit from Bario, who is also the chief executive officer of Qeos Group of Companies, stressed that the deep pockets of the government and its willingness to pay for damages and loss of profits, should not be an engine to encourage wrongful acts and negligence by government servants.
“They too need to be held accountable and share the cost of damages and loss of profit. And if abuse of power comes to light, then they should also be penalised under the Penal Code for criminal breach of trust.
“More than ever, in the political turmoil that we face, and the allegations of ‘deep states’, the people need to believe that the law and judiciary is still towering in this nation and that our rights, as citizens, are still preserved,” he added.
Meanwhile, Gabriel revealed the High Court’s decision to uphold Jepak Holdings’ injunction against the government was crucial as it (the government) had argued for immunity against such move (injunction) based on the Government Proceeding Act. Such a decision was in line with previous Federal Court decision.
He was commenting on Jepak’s win for an extension on a court injunction against the federal government in connection with its contract to supply and install hybrid power for schools in Sarawak.
The extended injunction, amongst others, preserves Jepak’s contractual and legal rights and assets until its lawsuit against the government for alleged wrongful termination of the power supply contract is completed. The case was heard at the High Court in Kuching last Tuesday.
Jepak filed a writ of summons at the Kuching High Court Registry on Nov 1, this year.
Jepak claims the government still owes it more than RM261 million in severely overdue claims, and a total amount of RM640 million for work done. — DayakDaily