Decision on undersea tunnel contractor's injunction application on September 14


Looi Sue-Chern

Parti Cinta Malaysia deputy president Huan Cheng Guan says while he is not the only person asking questions about the Penang undersea tunnel project, he is the only one sued. – The Malaysian Insight file pic, July 20, 2017.

THE Penang High Court will, on September 14, decide on an injunction filed by undersea tunnel contractor Consortium Zenith BUCG Sdn Bhd to stop Parti Cinta Malaysia deputy president Huan Cheng Guan from making statements on the project.

Huan’s lawyer, Baljit Singh, said judge Rosilah Yop fixed the date in chambers this morning, adding that the court would also decide on his client’s defamation counter-suit.

He said Rosilah also struck out a new affidavit by the plaintiff yesterday as it was filed late.

The affidavit was about Huan’s continuous statements on the tunnel project despite having been sued for defamation in relation to the matter.

“We also raised the objections that the plaintiff’s solicitor is himself a director at Zenith and that Consortium Zenith BUCG is a company that no longer exists,” said Baljit.

“The company, on January 18, had changed its name to Consortium Zenith Construction Sdn Bhd.

“Huan had been talking about Zenith BUCG, which does not exist any more.”

The consortium was represented by lawyer Harjinder Singh.

Consortium Zenith BUCG, which won an open tender in 2013 to build the undersea tunnel connecting George Town on the island and Butterworth on the mainland, as well as three other main roads, worth RM6.3 billion, sued Huan for defamation and filed an injunction to stop him from talking about the project last year.

Its chairman, Zarul Ahmad Mohd Zulkifli, reportedly said last year that Huan’s statements were defamatory as they allegedly jeopardised the project, hurt the consortium’s reputation, and had a direct impact on ongoing and future negotiations with current and potential investors.

While the case was pending, the consortium changed its name to Consortium Zenith Construction after the removal of its partner, Beijing Urban Construction Group Co Ltd (BUCG), last year, following a fatal accident in Kuala Lumpur in a project related to the Chinese state-run firm.

Huan then countered with his own suit against Consortium Zenith BUCG.

Today, he insisted that no one should be barred from raising questions about the project.

“The project is a matter of public interest. It is no small project. It costs billions.

“Why can’t questions be raised when the Penang government advocates CAT?” he said, referring to competency, accountability and transparency principles.

He said he was not the only person asking questions, but the only one sued.

“Be fair. There are also ministers talking about the project, like Fadillah and Rahman Dahlan.”

Works Minister Fadillah Yusof, Minister in the Prime Minister’s Department and Barisan Nasional strategic communications director Abdul Rahman Dahlan, and his deputy director, Eric See-To, have questioned the high amounts paid to the project’s consultants.

Huan said he planned to lodge a report on the project at the Malaysian Anti-Corruption Commission’s headquarters in Putrajaya tomorrow afternoon. – July 20, 2017.


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