High Court awards NFCorp and chairman RM200,000 in legal suit against PKR’s Rafizi Ramli

 

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KUALA LUMPUR — The Kuala Lumpur High Court today ruled in favour for National Feedlot Corporation and its chairman Datuk Dr Mohamad Salleh Ismail in their legal suit brought against PKR’s secretary-general Rafizi Ramli.

Judicial commissioner Azizul Azmi bin Adnan awarded Datuk Salleh RM150,000 and NFCorp RM50,000. He also awarded RM100,000 in collective costs to the plaintiffs and allowed for an injunction against Rafizi from further publishing.

In the suit, the plaintiffs had stated that the purchase of eight KL Eco City office properties by Datuk Dr Mohamad Salleh Ismail and his son was a private purchase. Public Bank Berhad’s letter of offer had only stipulated that the security of the loan included the properties, deed of assignment and irrevocable power of attorney, and nothing more.

Rafizi had based his allegations on confidential banking information obtained from Public Bank Berhad without the consent from the plaintiffs. These documents were the bank’s internal confidential management documents for client collateral accounts in assessing the merits for loans by the bank’s senior management. In court testimony, Public Bank had confirmed that no loans had been taken for these properties.

The plaintiffs had pleaded that Rafizi’s statements were published at a time when there was heightened expectation of a general election. The fact that Datuk Dr Salleh was the husband of a ranking cabinet minister and the fact that the impugned statement made more mention of the cabinet minister, Datuk Seri Shahrizat Abdul Jalil (mentioned seven times) than it did either Plaintiff was clearly intended to garner maximum interest.

In his judgement, Judicial Commissioner Azizul Azmi said that the statements by Rafizi had, “the effect of lowering the estimation of the plaintiffs in the eyes of the public.”

“This is in my view defamatory of the plaintiffs as it suggested that public funds had been spent in the purchase of properties in the private names of the directors.”

In a statement to the media, NFCorp chairman said, “Alhamdulillah. We are thankful to Allah for His gracious blessings and strength in this matter.

“We are also thankful to Yang Ariff Judicial Commissioner Azizul Azmi bin Adnan for his learned wisdom, patience and understanding, having arrived at this decision. Finally, the truth prevails.

“Since late 2011, the Malaysian Government, National Feedlot Corporation Sdn Bhd, its directors and my wife have had to endure a spate of unwarranted vicious attacks by the opposition and those out to take advantage against us. Today, the air is cleared.

“Our gratitude is also extended to the legal team, the public relations consultants and the management team for their untiring efforts in this matter all these years.”

Datuk Dr Salleh and NFCorp were represented by counsels Tan Sri Dr Muhammad Shafee Abdullah, Datuk M David Morais, Al Firdaus Shahrul Naing, Sara Ann Chay Sue May and Syed Ismat Syed Muhamad.

NEWS RELEASE prepared and issued on behalf of National Feedlot Corporation Sdn Bhd by public relations consulting firm GRA Communications Sdn Bhd. FOR MORE INFORMATION, please contact Ghazalie Abdullah at +6017 3361090 or ghazalie@gra-pr.com.

Posted in 2016, Releases |

NFCorp succeeds in obtaining full investigations papers on confidential banking leak by Public Bank

KUALA LUMPUR — Lawyers acting for National Feedlot Corporation Sdn Bhd, its group of companies and its chairman (plaintiffs) today succeeded in obtaining the full investigation papers on a banking leak by Public Bank Berhad.

The bank today surrendered the missing 20 pages of a 45-page report including information on the identities of the prosecuting officer and the three-member panel that sat in a domestic inquiry investigating the leak. Public Bank also provided the notes to an audit investigation conducted on their employee Johari Mohammad.

Earlier at the last case management on 9 June, twenty pages had been removed and excluded from a 45-page transcript of the domestic inquiry. The identities of the prosecuting officer and the three-member panel that sat in the domestic inquiry had also been erased. The plaintiffs believe there is likely vital information in the missing 20 pages, almost half the investigation report.

The court had on 13 April this year allowed for the discovery order to compel Public Bank to disclose all domestic investigation papers arising from the disclosure of confidential banking information of National Feedlot Corporation Sdn Bhd and its group of companies including the personal bank accounts of all its directors and chairman.

Twenty-five bank accounts and eight collateral accounts were leaked and disclosed by the bank.

With the documents now provided to the plaintiffs, counsel acting for the NFCorp chairman and group of companies, Tan Sri Dr Muhammad Shafee Abdullah said that they hope the bank will settle the matter amicably with a reasonable settlement without going for a full trial. The next case management to report outcomes is scheduled for 29 July.

On 22 May 2012, the plaintiffs had filed a suit against Public Bank Berhad. The plaintiffs stated that their business, reputation and credibility had suffered irreparable loss and damage as a result of the bank’s security breach in exposing the confidential banking information of its bank accounts at Public Bank Berhad

The discovery was sought as the documents were relevant to the action and were and have been in the possession, custody or power of Public Bank Berhad.

Judge Datuk John Louis O’Hara had granted the order in chambers after hearing the application in open court. The order was given under Order 24 Rule 12 of the Rules of Court 2012.

Public Bank was initially given 21 days to fulfill the discovery order but failed to fully comply satisfactorily.

National Feedlot Corporation Sdn Bhd (NFCorp), National Meat & Livestock Corporation Sdn Bhd, Agroscience Industries Sdn Bhd, Real Food Company Sdn Bhd and NFCorp chairman Datuk Dr Mohamad Salleh Ismail had sought for all documents and transcripts of the domestic enquiry held in respect to one of Public Bank Berhad’s employees Johari Mohamad.

Johari had also been charged separately under the Banking and Financial Institutions Act, 1989 (BAFIA) for the offence.

Datuk Salleh and the NFCorp group were represented by counsels Tan Sri Dr Muhammad Shafee Abdullah, Datuk M David Morais, Al Firdaus Shahrul Naing, Sara Ann Chay Sue May and Syed Ismat Syed Muhamad.

Posted in 2016 |

Public Bank Berhad fails to submit full investigation report – 20 pages removed and excluded

KUALA LUMPUR — Lawyers acting for National Feedlot Corporation Sdn Bhd, its group of companies and its chairman (plaintiffs), have today raised a complaint on Public Bank Berhad to the Kuala Lumpur High Court for failing to fully comply with a discovery order for its investigation papers on a banking leak.

Twenty pages had been removed and excluded from a 45-page transcript of a domestic inquiry investigating how confidential banking information of customers were leaked by its employee. The plaintiffs believe there is likely key information in the missing 20 pages, almost half the report.

The court had on 13 April this year allowed for the discovery order to compel Public Bank to disclose all domestic investigation papers arising from the disclosure of confidential banking information of National Feedlot Corporation Sdn Bhd and its group of companies including the personal bank accounts of all its directors and chairman.

Twenty-five bank accounts and eight collateral accounts were leaked and disclosed.

The discovery was sought as the documents were relevant to the action and were and have been in the possession, custody or power of Public Bank Berhad.

Judge Datuk John Louis O’Hara had granted the order in chambers after hearing the application in open court. The order was given under Order 24 Rule 12 of the Rules of Court 2012.

Public Bank was given 21 days to fulfill the discovery order but failed to fully comply satisfactorily.

National Feedlot Corporation Sdn Bhd (NFCorp), National Meat & Livestock Corporation Sdn Bhd, Agroscience Industries Sdn Bhd, Real Food Company Sdn Bhd and NFCorp chairman Datuk Dr Mohamad Salleh Ismail had sought for all documents and transcripts of the domestic enquiry held in respect to one of Public Bank Berhad’s employees Johari Mohamad.

Johari had also been charged separately under the Banking and Financial Institutions Act, 1989 (BAFIA) for the offence.

On 22 May 2012, the plaintiffs had filed a suit against Public Bank Berhad. The plaintiffs stated that their business, reputation and credibility had suffered irreparable loss and damage as a result of the bank’s security breach in exposing the confidential banking information of its bank accounts at Public Bank Berhad.

Datuk Salleh and the NFCorp group were represented by counsels Tan Sri Dr Muhammad Shafee Abdullah, Datuk M David Morais, Al Firdaus Shahrul Naing, Sara Ann Chay Sue May and Syed Ismat Syed Muhamad.

Posted in 2016, Releases |

Rafizi admits confidential banking info is from Public Bank

KUALA LUMPUR — The Kuala Lumpur High Court heard Friday that Parti Keadilan Rakyat (PKR) then strategy director Rafizi Ramli had received confidential banking information of the National Feedlot Corporation (NFCorp), its group of companies, chairman and its directors from a Public Bank Berhad officer.

Rafizi made this revelation in his testimony before judicial commissioner Azizul Azmi Adnan when asked by Datuk Dr Mohamad Salleh Ismail’s counsel Datuk M David Morais.

Cautioned on his statement twice by Morais, Rafizi testified that he had first received an envelope at his office that contained the confidential banking information. About a month or so later, he then received a late night missed call that he returned and subsequently discovered that the confidential banking information was from a Public Bank Berhad officer named Johari Mohammad.

“I only know the so-called person who obtained this much later when I got a call that he was apprehended by Public Bank’s internal department,” testified Rafizi.

Rafizi also added that Johari had also sent him an SMS to introduce himself.

“The only conversation I had so far was that well, Johari was the officer of Public Bank and he obtained it.”

Prior to the introduction, Rafizi had used the confidential banking information to stage a news conference on 7 March 2012 to reveal the information in connection to Dr. Salleh’s personal investment.

Rafizi testified that he believed the documents to be genuine, saying that he relied on his vast experience in interpreting such banking information.

He also confirmed that he had presented the confidential banking information from Public Bank as documentary evidence at his news conference to support his allegations.

Morais then took Rafizi to task on how the documents could have been authentic when it was merely deposited at his door and that it had not been verified, considering that Rafizi was an auditor and a politician to be taken seriously on public accountability.

The plaintiffs have pleaded that as a result Salleh was charged by the Attorney General; that Salleh’s wife Datuk Seri Shahrizat Abdul Jalil, a Federal Cabinet minister had had to resign; and that the revelations had caused losses, and put in abeyance the National Feedlot project.

MKini Dotcom Sdn Bhd, publisher of the Internet news portal MalaysiaKini was also named in the suit for having broadcast and published the revelations and slanders.

In the cross examination by Morais, Rafizi testified that he had since November 2011 issued 47 press statements in connection with NFCorp. Morais suggested that these statements were politically motivated as the majority had referenced Salleh’s wife, Datuk Seri Shahrizat Abdul Jalil, a Federal Cabinet minister at that time.

Despite Rafizi denying any malice, Morais quoted more than a dozen statements tendered in court that incorporated ‘Shahrizat Abdul Jalil’ and underscored how audiences would have perceived and reacted to the derogatory inferences.

Earlier in the week, Salleh had testified that twenty-five bank accounts and eight collateral accounts had been disclosed.

“Rafizi had no business to probe into my private banking information and to disclose it to the general public,” said Salleh.

What was worse was that Rafizi had fabricated lies that included the false allegation he was not able to repay non-existent loans for a year, said Salleh.

In their statement of claim, the plaintiffs have sought for general damages, exemplary damages, aggravated damages, interest, costs and other appropriate reliefs from the court. The suit is for damages suffered by the plaintiffs as a result of the lies, distortions, misrepresentations and fabrications, and the subsequent slander by the defendants.

NFCorp and its chairman had filed the legal suit against Rafizi Ramli and MKini Dotcom Sdn Bhd in the High Court at Kuala Lumpur on 3 June 2013.

The plaintiffs are represented by counsels Tan Sri Dr Muhammad Shafee Abdullah, Datuk M David Morais, Al Firdaus Shahrul Naing, Sara Ann Chay Sue May and Syed Ismat Syed Muhamad.

Counsel Razlan Hadri acting for Rafizi told the court that Rafizi together with Public Bank clerk Johari have in a separate matter, been charged for breaching the Banking and Financial Institutions Act, 1989, (BAFIA).

Posted in 2016, Releases |

Companies belonged to NFCorp, not Shahrizat

Lies and misrepresentations politically motivated

KUALA LUMPUR — The Kuala Lumpur High Court was today told that National Meat and Livestock Corporation Sdn Bhd (NMLC) was a wholly-owned subsidiary of National Feedlot Corporation Sdn Bhd (NFCorp). The restaurants Meatworks were also wholly-owned by Real Food Company Sdn Bhd (RFC), a related company of NMLC. At no time ever had Datuk Seri Shahrizat Abdul Jalil any shares in these companies in the group.

NFCorp chairman Datuk Dr Mohamad Salleh Ismail testified in a cross examination that PKR’s then strategy director Rafizi Ramli had however cast aspersions to smear and defame him, his family and his wife who was a Federal Cabinet Minister of Women, Family and Community Development when Rafizi claimed in a derogatory fashion in the public domain that the companies were Shahrizat’s.

Datuk Dr Salleh and NFCorp (plaintiffs) are suing Rafizi for vicious slanders that riled the public and which led to public outrage, scorn, disgrace and embarrassment. MKini Dotcom Sdn Bhd, publishers of the Internet news portal MalaysiaKini is also named in the suit for having broadcast and published the slanders.

The defamatory suit is over Rafizi Ramli having had in a news conference on 7 March 2012, alleged that Datuk Dr Salleh had abused a RM71 million government loan deposit placed at the bank as leverage to obtain personal loans. Rafizi also claimed that Datuk Dr Salleh had defaulted on the servicing of the purported loans for eight KL Eco City office lots with arrears from March 2011 to February 2012, and therefore, was apt to jeopardize the government loan deposit placed at the bank. Rafizi also claimed that Datuk Dr Salleh was not credit worthy as his bank account had shown a paltry balance of RM421.

The allegations were all made using confidential bank documents from Public Bank Berhad which Rafizi distributed to the media to support his wild claims of lies, distortions and misrepresentations.

In their statement of claim, the plaintiffs have sought for general damages, exemplary damages, aggravated damages, interest, costs and other appropriate reliefs from the court. The suit is for damages suffered by the plaintiffs as a result of the lies, distortions, misrepresentations and fabrications, and the subsequent slander by the defendants.

No such loans taken to cause jeopardy

According to documents tendered in court, no loans had ever been taken by the plaintiffs from Public Bank Berhad for the purchase of the eight KL Eco City properties that formed the basis of the false accusations hurled by Rafizi Ramli.

The accusations had caused tremendous public outrage, resulting in a severe loss of income, and ultimately the collapse of the business with loss of jobs for over 250 employees at the plaintiffs’ feedlot, abattoir and restaurants, added Datuk Dr Salleh.

NFCorp and its chairman had filed the legal suit against Rafizi Ramli and MKini Dotcom Sdn Bhd in the High Court at Kuala Lumpur on 3 June 2013.

The plaintiffs are represented by counsels Tan Sri Dr Muhammad Shafee Abdullah, Datuk M David Morais, Al Firdaus Shahrul Naing, Sara Ann Chay Sue May and Syed Ismat Syed Muhamad.

Posted in 2016, Releases |

Tiada kebenaran diberikan kepada Public Bank maupun Rafizi Ramli untuk mendedahkan maklumat perbankan : Salleh

KUALA LUMPUR — Mahkamah Tinggi Kuala Lumpur hari ini diberitahu bahawa Public Bank Berhad tidak diberi kuasa untuk mendedahkan maklumat perbankan sulit pengerusi National Feedlot Corporation (NFCorp) Sdn Bhd dan kumpulan syarikatnya. 25 akaun bank dan 8 akaun cagaran beliau telah didedahkan.

Pengerusi NFCorp, Datuk Dr Mohamad Salleh Ismail berkata demikian dalam keterangannya di hadapan Pesuruhjaya Kehakiman Azizul Azmi Adnan ketika disoal oleh peguam MalaysiaKini, K Shanmuga semasa pemeriksaan balas.

Datuk Dr Salleh juga mengesahkan bahawa beliau telah melantik sebuah syarikat perunding perhubungan awam GRA Communications untuk menguruskan perhubungan media mengenai NFCorp dan syarikat-syarikatnya.  Firma perunding tersebut telah mengeluarkan kenyataan media bahawa KL Eco City adalah pembelian hartanah peribadi dan tiada kaitan dengan NFCorp.

Kenyataan media itu telah dihantar sebagai maklumbalas kepada sidang akhbar 7 Mac 2012 di mana Rafizi Ramli telah membuat kenyataan fitnah dan merosakkan reputasi dengan menggunakan dokumen kewangan Salleh daripada Public Bank.

Dalam pemeriksaan balas tersebut, Salleh berkata pelaburan tersebut adalah pelaburan peribadi maka Rafizi tidak berhak mendapatkan maklumat daripada Public Bank dan mendedah perihal pinjaman dan pelaburan peribadi di KL Eco City kepada orang awam. Salleh berkata apa yang lebih teruk adalah apabila Rafizi telah berbohong dan mendakwa Salleh tidak mampu untuk membayar balik pinjaman yang tidak wujud itu selama tempoh setahun.

Menurut Salleh lagi, Rafizi menuduh bahawa kegagalan beliau untuk membuat bayaran balik kepada pinjaman yang tidak wujud tersebut telah menyebabkan deposit pinjaman kerajaan sebanyak RM71.3 juta di bank tersebut berada di dalam keadaan tidak selamat dan dirampas oleh pihak Bank.

Semasa pemeriksaan semula oleh peguamnya Datuk M David Morais, Salleh menjelaskan bahawa sebenarnya tawaran pinjaman yang ditawarkan kepadanya dan anaknya oleh Public Bank telah ditarik balik pada 4 Januari 2012. Tambah Salleh lagi, surat tawaran tersebut juga tidak menetapkan apa-apa ketetapan berhubung dengan cagaran tambahan kerana bangunan yang bakal dibeli itu, dijadikan sebagai cagaran, yang mana adalah perkara biasa.

Kenyataan Rafizi bahawa Salleh gagal membayar balik pinjaman lapan unit lot pejabat KL Eco City serta mempunyai tunggakan dari bulan Mac 2011 hingga Februari 2012, yang akan menjejaskan deposit pinjaman kerajaan yang ditempatkan di bank tersebut sebagai satu fitnah yang palsu dan merosakkan. Rafizi juga mendakwa Salleh tidak mempunyai kelayakan kredit kerana akaun bank peribadinya hanya mempunyai baki RM421.

“Ini adalah satu lagi bukti pembohongan Rafizi dengan menggunakan maklumat akaun pinjaman pembelian hartanah lain dari Public Bank yang kononnya akaun tersebut adalah akaun peribadi untuk membuktikan bahawa saya tidak mampu membuat bayaran balik”, ujar Salleh lagi.

Datuk Dr Salleh dan NFCorp  sebagai plaintif-plaintiff,  telah menyaman Rafizi  kerana mengeluarkan kenyataan fitnah yang berunsurkan pembohongan, putar belit bertujuan untuk memberi gambaran yang Salleh telah menyalahgunakan pinjaman kerajaan untuk pelaburan peribadi.

Ini telah menyebabkan timbul kemarahan orang ramai serta ahli politik dan agensi-agensi kerajaan terhadap Salleh, Shahrizat dan NFCorp. Pada 11 Mac 2012, 4 hari selepas pembohongan ini, Shahrizat terpaksa melepaskan jawatan beliau sebagai menteri kabinet. Pada 12 Mac 2012 pula Dr. Salleh ditangkap dan didakwa di makamah. Semua aset syarikat di Public Bank, Maybank dan CIMB dirampas pada 14 Mac 2012. Jadi pembohongan Rafizi telah mengelirukan semua memaksa kerajaan  mengambil tindakan di atas.

Di dalam pemeriksaan semula tersebut, Salleh menjelaskan berhubung dengan keupayaannya untuk membayar balik ansuran pinjaman yang dicadangkan bagi lapan unit KL Eco City yang dianggarkan RM60,000 sebulan. Beliau menjelaskan bahawa daripada lapan lot pejabat tersebut, empat akan dijual manakala dari baki empat lot , dua akan disewakan dan dua lagi akan digunakan untuk operasi pejabatnya. Ini akan meletakkan ansuran bulanan yang harus ditanggungnya pada kira-kira RM15,000 sebulan yang mampu dibayar balik  oleh pendapatan  beliau dan anaknya balik.

Salleh juga menjelaskan bahawa NFCorp akan terus menjalankan perniagaan. Pada ketika ini syarikat akan bekerjasama  dengan Kementerian Pembangunan Luar Bandar dan Wilayah  untuk projek perladangan kontrak dengan Felcra Berhad. Beliau juga menambah bahawa Kementerian Pertanian telah meminta bantuan beliau dalam projek penternakan tenusu di mana kemudahan NFCorp di Gemas akan digunakan.

Mahkamah Tinggi Kuala Lumpur juga diberitahu bahawa tempoh tiga bulan sebelum pendedahan maklumat sulit perbankannya oleh Rafizi Ramli, pendapatan kumpulan syarikat NFCorp adalah pada paras menaik dan tertinggi. Walaubagaimanapun keadaan terus berubah berikutan pendedahan media pada 7 Mac,  dimana Salleh telah ditahan dan didakwa lima hari kemudian pada 12 Mac. Pihak berkuasa kemudiannya merampas semua akaun banknya berjumlah RM86.4 juta di Public Bank , Maybank dan CIMB pada 14 Mac 2012, sekali gus melumpuhkan perniagaan NFCorp.

Salleh seterusnya  menjelaskan bahawa berikutan daripada pendedahan oleh Rafizi pada 7 Mac 2012 tersebut, kumpulan syarikatnya telah mengalami kemerosotan jualan yang teruk dan enam bulan kemudian setelah baki stoknya susut,  urusan perniagaan NFCorp terus mengalami kerutuhan.

Di dalam pernyataan tuntutannya, plaintif telah memohon ganti rugi am, ganti rugi teladan, ganti rugi teruk, faedah, kos dan relif lain yang sesuai dari mahkamah. Saman itu adalah untuk ganti rugi yang dialami oleh plaintif akibat daripada pembohongan , putar belit, gambaran yang salah, fabrikasi dan fitnah yang telah dilakukan oleh defendan.

Pengerusi NFCorp telah memfailkan saman undang-undang terhadap Rafizi Ramli dan Mkini Dotcom Sdn Bhd di Mahkamah Tinggi Kuala Lumpur pada 3 Jun 2013.

Plaintif diwakili oleh peguam Tan Sri Dr Muhammad Shafee Abdullah, Datuk M Daud Morais , Al Firdaus Shahrul Naing , Sara Ann Chay Sue Mei dan Syed Ismat Syed Muhamad.

Posted in 2016, Releases |

Salleh tells Court he did not authorize Public Bank nor Rafizi Ramli to disclose his banking info

KUALA LUMPUR — The Kuala Lumpur High Court was yesterday told that Public Bank Berhad was not authorized to disclose the confidential banking information of the chairman of National Feedlot Corporation (NFCorp) Sdn Bhd and his group of companies. Twenty-five bank accounts and eight collateral accounts had been disclosed.

NFCorp chairman Datuk Dr Mohamad Salleh Ismail said this in his testimony before judicial commissioner Azizul Azmi Adnan when asked by MalaysiaKini counsel K Shanmuga during cross-examination.

Datuk Dr Salleh also confirmed that he had appointed a public relations consultancy GRA Communications to manage his media relations and that the consulting firm had issued a media response that the KL Eco City commercial property purchases were private investments and had nothing to do with NFCorp.

The media statement was despatched in response to the news conference of 7 March 2012 in which Rafizi Ramli had cast defamatory and damaging remarks using financial documents from Public Bank.

In the cross exam, Salleh said since it was a private investment, Rafizi had no business to probe into his private banking information and to disclose it to the general public. Salleh added what was worse was that Rafizi had fabricated lies that included the false allegation he was not able to repay non-existent loans for a year.

According to Salleh, Rafizi had also accused him of pledging a RM71.3 million government loan deposit placed at the bank for personal loans that were apt to put the deposit in jeopardy.

Later during re examination by his counsel Datuk M David Morais, it was explained that a loan offered to Salleh and his son by Public Bank was withdrawn in January 2012. Salleh said the offer letter did not stipulate any requirement for additional collateral as the properties would be charged as the collateral.

Rafizi’s claim that Datuk Dr Salleh had defaulted on the servicing of the purported loans for eight KL Eco City office lots with arrears from March 2011 to February 2012, and therefore, was apt to jeopardize the government loan deposit placed at the bank was also false. Rafizi had also claimed that Datuk Dr Salleh was not credit worthy as his personal bank account had shown a paltry balance of RM421.

Datuk Dr Salleh and NFCorp (plaintiffs) are suing Rafizi for lies, distortions and misrepresentations that led to public outrage, scorn, disgrace and embarrassment. MKini Dotcom Sdn Bhd, publishers of the Internet news portal MalaysiaKini was also named in the suit for having broadcast and published the slanders.

In the re examination, Salleh clarified his ability to repay the proposed installments for the eight KL Eco City property purchases estimated at RM60,000 per month. He explained that of the eight office lots, four would be sold-off. Of the remaining four, two would be rented out and two would be used for his office operations. That would put the monthly installment at approximately RM15,000 per month for the two units which he said he and his son would easily be able to repay.

Salleh also clarified that NFCorp is still continuing to do business. The company is working closely with the Ministry of Rural Development for a project with Felcra. He also added that the Ministry of Agriculture had asked for his assistance in a dairy farming project where NFCorp’s facilities at Gemas would be utilized.

The Kuala Lumpur High Court was also told that in the three months leading to the disclosure of confidential banking information by Rafizi Ramli, revenue was on an upward trend. However, following the disclosure on 7 March, Salleh was arrested and charged five days later on 12 March. The authorities then seized all his bank accounts totaling RM86.4 million at Public Bank, Maybank and CIMB on 14 March 2012, thus crippling NFCorp’s business.

Salleh explained that following the 7 March disclosure by Rafizi, sales dipped and soon after the remaining stocks of cattle were depleted in the six months that followed, the business of NFCorp dived further and collapsed.

In their statement of claim, the plaintiffs have sought for general damages, exemplary damages, aggravated damages, interest, costs and other appropriate reliefs from the court. The suit is for damages suffered by the plaintiffs as a result of the lies, distortions, misrepresentations and fabrications, and the subsequent slander by the defendants.

NFCorp and its chairman had filed the legal suit against Rafizi Ramli and MKini Dotcom Sdn Bhd in the High Court at Kuala Lumpur on 3 June 2013.

The plaintiffs are represented by counsels Tan Sri Dr Muhammad Shafee Abdullah, Datuk M David Morais, Al Firdaus Shahrul Naing, Sara Ann Chay Sue May and Syed Ismat Syed Muhamad.

 

Posted in 2016, Releases |

NFCorp chairman completely acquitted and discharged of all criminal charges by sessions court

GRA_8954

  • No misappropriation of loan, no Criminal Breach of Trust
  • RM250 million a commercial loan, not a grant from public funds
  • Loan installments paid on time
  • Property purchase made by NFCorp subsidiary company as an investment for NFCorp according to terms and conditions of the loan agreement, and not purchased by Datuk Salleh in his name or for personal or family gain
  • Court of Appeal recommended for Datuk Salleh to seek redress with AG

KUALA LUMPUR — The sessions court presided by judge Puan Nursharidah Awang today completely acquitted and discharged National Feedlot Corporation chairman Datuk Dr Mohamad Salleh Ismail of all criminal charges in view of the decision of the Attorney-General who has decided to drop the charges against Datuk Dr Salleh after considering the online pokies facts, evidence and merits of the case, and the recommendation of the Court of Appeal of 28 August 2015 which was brought by way of a representation letter to the AG.

The representation letter included evidence to show that there was no misappropriation of the loan nor CBT. It was also revealed that the RM250 million was a commercial loan, not a grant from public funds, and repayments were paid on time. Properties were purchased by an NFCorp subsidiary company as an investment for NFCorp according to the terms and conditions of the loan agreement, and not purchased by Datuk Salleh in his name or for personal or family gain.

DPP Tuan Syed Faisal Syed Amir appeared for the prosecution while Tan Sri Dr Muhammad Shafee Abdullah, Al Firdaus Shahrul Naing, Syed Ismat Syed Muhamad and Farhah Mustafa appeared for Datuk Dr Salleh.

NEWS RELEASE prepared and issued on behalf of National Feedlot Corporation Sdn Bhd by public relations consulting firm GRA Communications Sdn Bhd. For more information, please contact Ghazalie Abdullah at ghazalie@gra-pr.com / +6017 3361090.

Posted in 2015, Releases |

NFCorp chairman granted second interim injunction against Shamsubahrin Ismail

NFCorp July 2015

KUALA LUMPUR — National Feedlot Corporation Sdn Bhd (NFCorp) chairman Datuk Dr Mohamad Salleh Ismail today successfully secured a further second interim injunction until 27 July against former consultant Shamsubahrin Ismail from further uttering frivolous and malicious statements against Datuk Dr Salleh.

The second interim injunction was granted in the Kuala Lumpur High Court by Judge Datuk Mohd Zaki Abd Wahab on the grounds that the statements uttered by Shamsubahrin had been defamatory, that the statements were not true, and that there was evidence of further publication.

The interim injunction prevents Shamsubahrin from making any further unfounded allegations on the use of the RM250 million loan, proclaiming a political conspiracy surrounding his conviction and that he had been made a scapegoat by slotsdad Datuk Dr Salleh.

Today and for the next thirteen days, Shamsubahrin Ismail is to desist from further uttering or publishing or causing to be published defamatory statements or similar words and statements and/or passages that are false and/or malicious and/or defamatory of Datuk Dr Salleh.

The systematic campaign of malicious falsehood, slander and libel by Shamsubahrin was first made via a social media website Facebook.com on 19 May 2015 which is accessible to the general public at large, where Shamsubahrin had made defamatory remarks saying he had been made a scapegoat at the expense of an eight-year jail term.

Subsequently, there were another seven postings including one which by way of innuendo invariably scandalized the judiciary and government as well as the MACC, the PDRM, the attorney general and the prime minister of Malaysia when Shamsubahrin claimed that Datuk Seri Najib Abdul Razak and the government administration had convicted him over the NFCorp matter.

The matter would now be further heard at length on 27 July when lawyers for Datuk Dr Salleh would argue the merits in an interparte hearing.

In the event that the Court allows Datuk Dr Salleh’s application, the interim injunction order will take effect up until final disposal of the full trial of the main suit.

Datuk Dr Salleh had claimed that he has been seriously injured in his character, credit, reputation and business and had been brought into public scandal, odium, contempt, distress, embarrassment and humiliation.

Shamsubahrin, Salleh said, had engaged in a systematic campaign of malicious falsehood, slander and libel of the plaintiff with the sole purpose of injuring the reputation, character, credit and business of Datuk Dr Salleh.

In his statement of claim, Datuk Dr Salleh had stated that Shamsubahrin out of anger and spite for his conviction of cheating the plaintiff, engaged in a systematic campaign of malicious falsehood, slander and libel of the plaintiff with the sole purpose of injuring the reputation, character, credit and business of Datuk Dr Salleh.

Lawyers Al Firdaus Shahrul Naing and Syed Ismat Syed Muhamad from the law firm of Al Firdaus Syed Ismat & Co are acting for the plaintiff Datuk Dr Mohamad Salleh Ismail. Zarina Ismail and Philip Teoh are acting for the defendant Shamsubahrin Ismail.

Notwithstanding a conviction handed down on Shamsubahrin Ismail for five counts of cheating NFCorp’s chairman and 17 counts of money laundering, and being sentenced to eight years imprisonment and four strokes of the whip, the former consultant had not stopped at his vexatious and malicious rants on NFCorp and its chairman.

Moving on, NFCorp will be appearing as a third party to the forfeiture proceedings against Shamsubahrin to reclaim the RM1.75 million.

Posted in 2015, July, Releases |

Challenge on BAFIA charge, a delay tactic by Rafizi Ramli, says NFCorp

KUALA LUMPUR — Pandan MP and PKR secretary-general RafiziRamli’s move to challenge the constitutionality of the repealed BAFIA banking law he was charged with violating in his exposés on the National Feedlot Corporation (NFCorp) in 2012, is a futile attempt to avoid conviction.

“This application to challenge BAFIA is actually an attempt by Rafizi to delay the trial of the charges against him and Public Bank Berhad clerk Johari Mohamad and thus by extension, delaying and denying NFCorp and my entitlement to justice and punishment on the very people who had wronged NFCorp and me,” said Datuk Seri Dr Mohamad Salleh, Chairman of NFCorp.

“I have consulted my lawyers and have been advised that it is pointless for Rafizi to challenge the constitutionality of BAFIA as the High Court, the Court of Appeal and the Federal Court had unanimously opined and ruled that the charges against Rafizi under BAFIA are not mala fide, oppressive or politically motivated. Hence Rafizi’s application is certainly redundant and res-judicata as the Courts had already decided on the said issue before.

“I am sure that he is certainly afraid to face the charges against him in view that he clearly lied, distorted and misrepresented confidential banking information by exposing such and breaking banking laws. And he knows that he is certainly guilty of such and he is not a whistleblower.

“I believe that if he is convicted, he would be disqualified as a member of parliament and that is something he is trying to avoid and delay.”

RafiziRamli together with Public Bank Berhad’sex employee Johari Mohamad were arrested and charged at the Shah Alam Sessions Court on 1 August 2012 for violating Section 97 (1) of the Banking and Financial Institutions Act, 1989 (BAFIA). The case is now awaiting commencement of trial.

NFCorp lawyers said that if RafiziRamli is found guilty, he could be liable to a fine of up to RM3 million and a three-year imprisonment, and he could also lose his MP status.

In a separate legal suit, RafiziRamli is to answer in the High Court at Kuala Lumpur for wrongful allegations made against NFCorp, its companies and its chairman (plaintiffs) when he lied, distorted and misrepresented this same confidential banking information to the utter detriment of the plaintiffs and their businesses.

RafiziRamli had on 7 March 2012 alleged, lied, distorted, misrepresented and fabricated to the public at his news conference that chairman Datuk Dr Salleh had defaulted on the servicing of loans for eight KL Eco City office lots with arrears from March 2011 to February 2012, and therefore, was apt to jeopardize a government loan deposit placed at the bank.

However, according to documents tendered in court, no loans had ever been taken by the plaintiffs from Public Bank Berhad for the purchase of the KL Eco City properties that formed the basis of the false accusations hurled by Rafizi which resulted in public outrage and a severe loss of business income.

To fortify his groundless accusations, Rafizi had distributed 21 Public Bank Berhad accounts of NFCorp and its group of companies, as well as the personal accounts of the chairman and directors to mislead the mainstream news media, the electronic media, and Internet news portals.

The trial of the legal suit brought by NFCorp and its chairman against RafiziRamli is scheduled for October 2015.

Posted in 2015, Releases |