theSun | MONDAY JUNE 29 2009 7

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PAYA INDAH WETLANDS LAWSUIT

Judge laments
lack of records
by Llew-Ann Phang “The defendants made par-
newsdesk@thesundaily.com tial payment of RM751,603.40
to the plaintiff who agreed to
KUALA LUMPUR: “We have having his invoices to MWF
records on Chin Peng … Paya for payment for work to be first
Indah’s records they don’t assessed,,” said Chan asking
have?” This remark by High that Perama Nathan’s RM3.1
Court judge Datuk Balia Yusof million claim for general dam-
Wahi underscored his dismay ages for unlawful termination
that the Malaysian Wetlands be off-set against the damages
Foundation (MWF) could not claimed.
produce records to justify their “Also, there is no issue of
case in a RM3.1 million breach unlawful termination because
of contract suit brought against evidence – four letters indicat-
it by a consultant involved in the ing MWF’s dissatisfaction in the
Paya Indah Wetlands project. work – shows he was lawfully
Justice Balia was hearing terminated for negligence,” said
submissions by MWF counsel Chan, citing a special audit
Chan Yew Hooi on Friday in report by the Prime Minister’s
the case brought by K. Perama Department’s Internal Audit
Nathan for unpaid services and Unit.
unlawful termination. Chan said the gist of the
“The government changes, special report was to investi-
the department stays, the record gate issues of mismanagement
stays! We have records on Chin of funds and the findings were
Peng from 1957 to even 1955. that contractors were paid
“Now you’re telling me that without doing the stipulated
work, while others
conducted work
The government not according to
changes, the department specifications, but
were approved by
stays, the record stays!” Perama Nathan.
Perama Nathan’s
Paya Indah’s records, which counsel James Culas said some
are rather new – 11 years – they of the documents referred to
don’t have? What’s this story could not be cited as evidence
Mr Chan?” the judge said. as the makers of the reports
The judge was referring to were not present.
MWF administration manager He also questioned the ab-
Mohd Khairul Effendi’s ear- sence of MWF chief executive
lier testimony that he could not officer Muralee Menon at the
trace original copies of records trial as most of the documents
or the persons involved. were signed by him.
Justice Balia gave way when Culas submitted that words
Chan said he was acting on the used in the termination notice
advice of his clients: “I under- to Perama Nathan where his
stand. Carry on, Mr Chan.” “services were no longer re-
Friday’s proceedings heard quired” indicates that he had
Chan submitting that the done his job.
total sum given by the federal “So because the contract
government for the wetlands was done, there was nothing
project was RM42 million and to terminate?” Justice Balia
not RM59.4 million as claimed sought clarification, to which
by Perama Nathan. Culas affirmed the implication.
Perama Nathan and his sub- Justice Balia directed coun-
contractors were responsible sels to provide stronger grounds
for two of the project’s four for their case by Friday. Deci-
development packages. sion is set for July 10.
Chan said MWF determined The RM68 million wetlands
the value of Perama Nathan’s project was billed a failure, with
work at RM939,184.41, based another RM20 million pumped
on the assessment of quantity in by the government to rescue
surveyors TAQ Management the 10-year-old park which was
Services Sdn Bhd. finally reopened in 2006.

Dr M’s BrandLaureate Lecture

Series from tomorrow
PETALING JAYA: The Asia Pa-
cific Brands Foundation (APBF)
is launching The Tun Dr Mahathir
Mohamad The BrandLaureate
Lecture Series tomorrow.
The event will feature winners
of The BrandLaureate Hall of Fame
Award and The BrandLaureate
Brand Personalities Award. APBF
will also confer the Father of Vi-
sion 2020 Award to Mahathir.
“The Lecture Series is in line
with the objectives of the APBF
to educate, inform and to pro-
mote good branding practices in
Malaysia. Branding is no longer
confined to business practices
but also to individuals as their
actions and thoughts reflect
on their personalities,” said
The BrandLaureate CEO Dr K.K.
Johan.
“The APBF recognises that
the search for knowledge is ever
so important in the competitive
world that we live in. Knowledge
shouldn’t be limited to just the
particular benefits and pleasures
derived but we also need to com-
prehend the benefits of these
values,” said Johan.
Mahathir will deliver a keynote
address titled “Vision 2020, is it
a mission possible? 1Malaysia,
is it the driving force?”. He will
share his views on issues such as
human capital competence and
current policies implemented
towards achieving the status of a
developed and mature country.