On 11th August 2011, before Judicial Commissioner Vazeer Alam Mydin Meera,
PwC Malaysia's lead counsel Rabindra Nathan sought to introduce an additional
bundle of documents.
|Shearn Delamore's Rabindra Nathan|
Rabindra said that his instructions were that these documents were discovered
in a safe after six (6) years on the 9th of August 2011.
Rabindra said that
i) the existence of these documents were simply forgotten
ii) these documents were extremely relevant and material to the case
iii) with or without a formal application, his clients will file an affidavit
to introduce these documents.
JC Vazeer Alam then directed PwC Malaysia to file a formal application and affidavit
by 19th August 2011.
On 23rd August 2011, PwC Malaysia's solicitors, Zul Rafique & Partners wrote a letter
to the KL High Court seeking an appointment to correct certain statements by Shearn Delamore's Rabindra in open court.
This shocking letter by Zul Rafique was purely because of Rabindra's misadventures.
According to our PwC Malaysia insider, this is actually what happened.
Three of these documents were fabricated and one e-mail attachment was concealed. These documents were actually given to Shearn Delamore even before the trial started.
Rabindra Nathan realising the risk involved decided not to include the documents in
the defendants bundle before the trial started.
The situation changed once the trial started and it was not progressing smoothly for PwC Malaysia.
PwC Malaysia's Senior Partner Lim San Peen and Executive Director Becky Leong assured Rabindra Nathan that one of the Senior Partners will eventually sign the affidavit.
Both of them were apparently present in court during the three days of trial.
Darryl Goon of Raja, Darryl & Loh blindly adopted Rabindra Nathan's submissions without verifying
all the facts on the 11th of August 2011.
Rabindra Nathan's nightmare started when MAXIS started making a lot of noise on the fabricated phone
records. Also, Chin Kwai Fatt's fictitious emails became an issue.
None of the Senior Partners of PwC Malaysia wanted to sign the affidavit. Hence a full scale damage
control operation was carried out.
Here is the shocker! Recently, in open court, Rabindra Nathan said that he misunderstood
his clients' instructions on the safe to the point that his client PwC Malaysia was unable to sign
One can only imagine the shock that this would have given JC Vazeer Alam who himself was a former