Datuk Dr Rebecca Fatima Sta. Maria, the Secretary General of MITI, was taken aback recently when a CEO from a Multi National Corporation in India asked her about this blog. She replied that she was not aware of this blog but will check and revert to him. This blog is not only being read in Malaysia but also around the world
Rabindra Nathan said that he misconstrued his clients instructions to the point that his clients could not file an afffidavit. The right thing for Johan Raslan and PwC Malaysia to have done is immediately
withdraw Rabindra Nathan as Counsel, instead here is where the scandal is: Rabindra Nathan continues to appear before the same judge on the same case and behaves as though nothing has happened.
Johan Raslan knows this is manifestly wrong but chooses to play along.
Judicial Commissioner Vazeer Alam has so far made two startling decisions in this case which has baffled the legal fraternity;
i) disallowed the discovery application by the plaintiff for both parties to file an affidavit
verifying list of documents. this application is an absolute given before the start of any trial
ii) disallowed the leave application for contempt in spite of overwhelming evidence
As a result of the discovery application being dismissed, PwC Malaysia then attempted to introduce fabricated documents and the leave application for contempt was because of that.
|Chief Justice Tan Sri Ariffin Zakaria. |
Learned Chief Justice, shouldn't discovery application for documents be automatically granted to ensure a fair trial?
The Judges who have been involved in this case since 2001, include the Chief Judge of Sabah and Sarawak, YAA Tan Sri Datuk Amar Steve Shim, the current Chief Justice Tan Sri Arrifin Zakaria and
Justices of the Court of Appeal Datuk Abdul Wahab Patail and Justice Hishamuddin Yunus.
In fact in 2005, Justice Hishamuddin Yunus fixed trial dates for this case. Against all odds, PwC Malaysia's counsel obtained a stay of proceedings from the Court of Appeal, pending their appeal to strike out the suit. Hence Justice Hishamuddin Yunus was unable to proceed and hear the case.
PwC Malaysia successfully managed to stall proceedings for a further 5 years.
In 2010, when the court of appeal hearing was reconvened PwC Malaysia's counsel in open court,
on Johan Raslan's instructions, withdrew the appeal and were ordered to pay costs to the plaintiffs.
This is the same Johan Raslan who is going to step down soon as Chairman of PwC Malaysia and is the
favourite to take over as Securities Commission Chairman in April 2012.