The trial started on the 8th of August 2011. And early on, PwC Malaysia's counsel Rabindra Nathan, did a song and dance in court about how based on PwC Malaysia's reputation and the fact that they are the auditors for super heavyweights like Khazanah Nasional and Sime Darby, as well as how "open and upfront" they are with the court, there will be no need to grant a discovery application for documents, as there is no way PwC Malaysia will even think about pulling a fast one in court. Judicial Commissioner Vazeer Alam Mydin Meera bought into the "story" and did not grant the discovery application. Thereafter, both parties exchanged bundles of documents for the trial.
There were certain documents requested by the plaintiffs which PwC Malaysia said was not in their possession.
Defendants counsel Rabindra Nathan, plans to submit no case to answer because he is desperate not to allow any PwC Malaysia witnesses on the stand... |
On the 11th of August 2011, PwC Malaysia's counsel Rabindra Nathan pulls a shocker by claiming that some documents were only discovered the previous day, including one document (an email attachment) that was requested by the plaintiffs before the start of trial, which PwC Malaysia had said was not in their possession. The rest of the documents "found" in the purported safe, were fabricated, and as such they were unable to produce an affidavit as promised by Rabindra Nathan in his counsels' undertaking.
Lo and behold, in an affidavit dated 9th of December 2011, PwC Malaysia's Senior Partner Khoo Chuan Keat, in paragraph 9.1, refers to the email attachment, one of the documents requested by the plaintiffs which PwC Malaysia claimed was not in their possession, was actually located even before the trial. If only Judicial Commissioner Vazeer Alam Mydin Meera had granted the discovery application before the trial, instead of buying into the PwC "paragons of integrity" story, this fiasco would not have happened, there would have been no filing for contempt of court, and PwC Malaysia would not have been able to pull a fast one in court.
And the man to take blame for all this is none other than Judicial Commissioner Vazeer Alam Mydin Meera.
Chin Kwai Fatt and Johan Raslan are fighting tooth and nail not to allow expert witnesses from a rival accounting firm to testify for the plaintiffs. |
Judicial Commissioner Vazeer Alam Mydin Meera, in EVERY DECISION YOU MAKE, YOU ARE ANSWERABLE TO THE MALAYSIAN RAKYAT.
Agreed, very well said.
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