CONSORTIUM Zenith BUCG (CZBUCG) Sdn Bhd has reached a settlement with Gerakan leader Jason Loo, whom the Penang undersea tunnel builder had sued for defamation.

A consent judgement was obtained after Loo read out a statement before Justice Rosilah Yop to clarify that he did not mention CZBUCG in a statement to the media in 2016, which the company had claimed to be defamatory.

“I unequivocally, unconditionally and sincerely state that the statement I made on June 23, 2016, which was reported in Malaysiakini, was directed at the Penang government, and not meant in any way to impute any disparaging conduct on the part of the plaintiff (CZBUCG), and I hereby regret any inconveniences caused,” he said in the courtroom.

Loo later told the media outside the courtroom that both sides have agreed that his 2016 remarks were not directed at CZBUCG, but at the Penang government. 

“At the time, I had discovered some discrepancies in the figures concerning the project. I asked the government, not the consortium, to clarify why there was a huge difference in the amount of money – RM90 million and RM350 million,” he said.

“I was merely citing facts when I made the remarks that caused me to be sued. The state government has always championed transparency since 2008, and we believe in being constructive in politics.”

Gerakan has been critical of the state’s undersea tunnel project and Loo today pledged to continue monitoring the mega development.

“Nothing has changed. I won’t stop checking on the project. Penang ratepayers are paying for it through reclaimed land.

“We will continue to check the state government. I have been getting motivating messages from people who encourage me to continue checking on the administration. But many people still don’t understand the importance of checks and balances.”

Loo’s lawyer Harpal Singh Grewal said his client did not apologise to the consortium but had merely confirmed that his statement was not directed at the company.

“It was fair that the whole thing was settled in that manner,” he said. 

CZBUCG, now known as Consortium Zenith Construction Sdn Bhd, won a tender to supply a feasibility study and detailed design of the undersea tunnel project and three main roads in Penang.

The consortium sued Loo, who is Penang Gerakan Youth acting chief, for defamation in 2016.

CZBUCG charged that Loo had questioned the credibility of its work and implied that it was unreliable, dishonest, deceitful and engaged in corrupt activities through his words which were published on the Malaysiakini news portal on Jun3 23.

Claiming that its reputation was tarnished by Loo’s statements, the consortium sought general damages, exemplary damages, aggravated damages, interest, costs and other relief deemed fit by the court.

It also demanded an apology from Loo and an injunction to prevent him or his employees from republishing such defamatory words. 

Loo, in his statement of defence, denied mentioning the consortium’s name when he spoke to journalists on the subject. He maintained he had referred only to the representatives or officials of the Penang government.

The consortium’s lawyer Shahrul Fazli Kamarulzaman said his client was relieved that Loo had cleared the air.

“Our client is glad the case is over and everyone can move on. 

“The director Zarul (Ahmad Mohd Zulkifli) feels that he and the company have been vindicated by Loo’s statement today. They just want to get on with their business.”

The Penang undersea tunnel, which will link Butterworth on the mainland and Persiaran Gurney on the island, and the three roads, are part of the larger Penang Transport Master Plan. –September 3, 2018.