Borneo Samudera v Sabah Deputy CM Christina Liew: Damages of even 5 Sen can have implications for all concerned

by Ganesh Sahathevan

The reports below concern  Deputy Chief Minister cum Minister of Tourism, Culture and Environment, Datuk Christina Lie.w The relevant parts read as follows. First: 

The hearing of an appeal filed by Deputy Chief Minister Datuk Christina Liew (pic) and one other at the Court of Appeal to overturn a decision of a High Court six years ago (in 2014)  which ordered them to pay RM557 million in damages in a land grab suit, has been postponed to a date to be fixed later.
The High Court in its judgement found that  Borneo Samudera SB (BSSB) had proven the requisite conditions in law of inducement of breach of contract. BSSB had claimed damages of RM557,641,716.29

Next: 
Deputy Chief Minister cum Minister of Tourism, Culture and Environment, Datuk Christina Liew (pic), said the High Court in Tawau did not order RM557 million damages against her in its decision in 2014 on a case that was commenced by BSSB (Borneo Samudera Sdn Bhd) against her.
“The High Court merely ordered BSSB’s claim for damages to be assessed by the Deputy Registrar, High Court of Tawau.

“The front page headline on the High Court judgment with the heading ‘Liew To Pay Record RM557 Million’ in the Daily Express (dated October 26, 2014), was wrong and misleading,” she said. 

Now, let us assume that BSSB’s claim for damages (is) assessed by the Deputy Registrar, High Court of Tawau to be 5 SEN. 

Readers can the decide for themselves how such an award might affect all parties concerned. Naturally, the upcoming Sabah Election ought to form part of the considerations.

TO BE READ WITH 

Liew’s appeal hearing postponed

Published on: Wednesday, June 17, 2020

By: Jo Ann Mool

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KOTA KINABALU: The hearing of an appeal filed by Deputy Chief Minister Datuk Christina Liew (pic) and one other at the Court of Appeal to overturn a decision of a High Court six years ago which ordered them to pay RM557 million in damages in a land grab suit, has been postponed to a date to be fixed later.

Counsel Mark Sitiwin, representing the respondent in the appeal, when contacted by the media, said he was informed of the adjournment during the e-Review of the appeal on Tuesday.

The appellants, Liew and Samsuri Baharuddin were appealing against the Tawau High Court decision on Sept 30, 2014, which ordered three people – including an elected representative – to pay damages to Borneo Samudera Sdn Bhd (BSSB) for unlawfully inducing the Bagahak Smallholders Scheme participants to breach their Joint Venture Agreement (JVA) with BSSB.

The High Court in its judgement found that BSSB had proven the requisite conditions in law of inducement of breach of contract. BSSB had claimed damages of RM557,641,716.29.  

No such RM557mil court award against me: Christina Liew

Published on: Tuesday, July 21, 2020

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KOTA KINABALU: Deputy Chief Minister cum Minister of Tourism, Culture and Environment, Datuk Christina Liew (pic), said the High Court in Tawau did not order RM557 million damages against her in its decision in 2014 on a case that was commenced by BSSB (Borneo Samudera Sdn Bhd) against her.

“The High Court merely ordered BSSB’s claim for damages to be assessed by the Deputy Registrar, High Court of Tawau.

“The front page headline on the High Court judgment with the heading ‘Liew To Pay Record RM557 Million’ in the Daily Express (dated October 26, 2014), was wrong and misleading,” she said. 

 [This was later duly and prominently clarified by Daily Express when it was made known that it was not the actual amount assessed by the court. Similar reports were also carried by other relevant media as it was based on an official statement issued by BSSB then].

 However, Liew said, one Leksun Bin Injil (former smallholder) used this to defame her by publishing or causing to be published or contributed to the publication of defamatory statements against her in a video recording of himself that became viral in social media via WhatsApp and Facebook. 

 The MP for Tawau and Api-Api Assemblywoman was rebutting allegations made against her in a defamation suit she filed against the former smallholder of the Bagahak Scheme in Lahad Datu, in the High Court here, Monday.

The report in question that was based on a statement issued to all media in 2014.

 She said the video recording took place in May 2018, two to four days before polling day on May 9, during the 14th General Election (GE14)

 She told the Court that the video contained the report published in the Daily Express and the same article in Bahasa Malaysia titled “Liew, Dua Lagi Disaman RM557 juta”.

 Liew also wants an injunction to restrain the Defendant from publishing or causing to be published or contributing to the publication of the video.

 According to her, the court was told that the oil palm smallholders’ land lots were surrendered to a joint venture company between the smallholders and BSSB in July 1998. BSSB is a subsidiary of state-owned Sawit Kinabalu Sdn Bhd.

 In the video, Leksun claimed that Liew was a cheat, a dishonest and deceitful person who was unsuitable to be a candidate for the Api-Api State Constituency (N15) and Tawau Parliamentary Constituency (P190) in GE14; she had deceived and or defrauded the smallholders, including the defendant, of their lots in the Bagahak Scheme by inducing the smallholders to sell their lots; and the defendant would lodge a complaint against the Plaintiff to the Disciplinary Board of the Sabah Law Society (SLS) so that the Plaintiff’s practising licence be revoked.

 “I am suing the defendant for libel or alternatively damages for slander in respect of a video circulated widely via WhatsApp. The words uttered by the defendant in the video are malicious and false which are defamatory to me.

“It was an attempt to injure my reputation in my former profession as Advocate and to mislead members of the public not to vote for me as a candidate in the Api-Api Constituency and the Tawau Parliamentary Constituency in the 14th GE.

“The Defendant deliberately withheld or out of sheer ignorance failed to explain the status and nature of the pending cases under litigation and arbitration, which involved the smallholders of the Bagahak

Scheme, including the defendant himself as one of the parties.

“Therefore, in the circumstances and as the cases under litigation are still before the courts for determination, the defendant has committed contempt of court by causing transmission or causing to be transmitted or contributing to the transmission of the widely-circulated, false and misleading video in the social media.”

 It was also pointed out that the defendant’s statement (in the video) that he was a smallholder was wrong and misleading.

“The Defendant is no longer a smallholder of the Bagahak Scheme because under the terms of the Joint Venture Agreement (JVA) dated July 9, 1998, entered into between Borneo Samudera Sdn Bhd (BSSB) and the smallholders of the Bagahak Scheme, he (Defendant) and the other smallholders surrendered all their rights and interests in their respective lots in exchange for shares in a Joint Venture company called Cemasjaya Berhad,” she further said.

 On how she came to act for the smallholders, Liew said the 900 smallholders instructed her former legal firm to commence  action against BSSB in two cases registered in Court under Suit T41 and Suit T42 of 2007.

 In Suit T41, the defendant (Leksun) and smallholders of the Bagahak Scheme sued BSSB for return of their lots, which they had surrendered to BSSB in 1998. They (smallholders) had asked the court to declare the JVA (July 9, 1998) unenforceable and ineffective for non-fulfilment of the conditions precedent provided under the JVA.

 The Plaintiff asserted that because of the video, her character, reputation, credibility and integrity as a person, a former practising advocate at the material time, a State Assembly person and a Member of Parliament, have been injured and/or damaged amongst and in the eyes of the public at large, especially her friends, acquaintances, the business community and others.

 “Furthermore, I had suffered severe embarrassment and deep distress as a result of the video being widely circulated on social media platforms,” she said.

 She said a Sabah Kita article with a screenshot of the video recording attached, was also shared on Sabah Kita’s Facebook. “This is very damaging to my reputation.” 

 Datuk Alex Decena assisted by Jordan Kong is the counsel for Liew. Chong Kian Ming is counsel for the defendant. The trial before Judicial Commissioner Justice Leonard Shim continues today.