Malaysian Industrial Crt 's Saufee Affandi embellished his defamation finding in favour of Singapore billionaire Peter Lim by naming the claimant before his court the defendant-Industrial Court refuses to correct the record

 by Ganesh Sahathevan 

It has been previously  reported  here that the Industrial Court chairman Saufee Affandi decided that Singapore billionaire Peter Lim had been defamed by this writer in the process of handing down a decision in an unfair dismissal matter brought by this writer against Vincent Tan's Sun Media, publisher of The Sun.

Saufee did so despite the fact that the Industrial Court has no jurisdiction to hear defamation matters. Additionally Saufee did not rely on any decision of any competent court that Lim had been defamed ; Lim had never filed for defamation in any court (not even the Industrial Court, given Saufee's presumed powers!) 

It can also be shown that Saufee attempted to embellish his findings in favour of Lim by  titling his decision Sun Media Group Sdn Bhd v. Ganesh Sahathevan [Case No: 2(12)(2)/4-588/98]. [2006] 2 ILR 1057. Readers will recall that Sahathevan was the claimant, or plaintiff in the matter, but not according to Saufee who seemed to have decided that Vincent Tan's Sun Media was the plaintiff.Tan and Lim have been linked in a number of business ventures.  

The Industrial Court has refused to correct the record despite the matter above being brought to its attention on numerous occasions.

TO BE READ WITH 

Industrial Crt chairman Saufee Affandi decided that Singapore billionaire Peter Lim had been defamed-Industrial Court has no jurisdiction to hear defamation matters, and Saufee did not rely on any decision of any competent court that Lim had been defamed

 by Ganesh Sahathevan 

The conduct of the former Industrial Court Chairman Saufee Affandi in the matter of Ganesh Sahathevan v Sun Media (which he chose to name Sun Media v Ganesh Sahathevan) has been previously reported on this blog.  

The matter of Saufee's unorthodox naming convention of the matter is perhaps explained by Saufee's determination that Singapore billionaire Peter Lim had been defamed by this writer. Saufee did so despite the fact that the Industrial Court has no jurisdiction to hear defamation matters.

Neither did he refer to or rely on  any decision of any competent court that Lim had been defamed. In fact he went on to not only favour the billionaire, but in effect re-write defamation laws as they are normally understood. 

His actions were unorthodox to say the least, but clearly raise even more questions about his conduct and that of the Industrial Court in the matter. 

He has been queried on a number of occasions by this writer, but chose silence.

TO BE READ WITH  

Former Industrial Crt Chairman Saufee Affandi's handling of evidence against Gamuda, Litrak & EPF requires investigation-coverup by a judicial officer a serious matter that goes to the reputation of the Industrial Crt

 by Ganesh Sahathevan 

The conduct of the former Industrial Court Chairman Saufee Affandi in the matter of Ganesh Sahathevan v Sun Media (which he chose to name Sun Media v Ganesh Sahathevan) has been previously reported on this blog.  

In the matter the Industrial Court was also presented with evidence of this writer's investigation into the EPF's controversial financing of the LITRAK Highway project. Saufee ignored it, and indeed implied that the story and investigation was false. However, the matter was later raised by YB Ronnie Liu on his website:

 

The Sun reporters sacked for exposing Litrak in 1999

And of course, Gamuda, which controls Litrak, which it formed to hold the LITRAK Highway toll road concession, remains a controversial company: 

It's taken 20 years, but Gamuda is finally being made to account for its sins:Ganesh Sahathevan investigations into Gamuda go back to 1996

In addition, the conduct of the EPF, and its management of contributors money, remains a matter of concern, as it has in the past. 

Saufee and thus the Industrial Court chose to involve themselves in the issue of Litrak, its EPF financing, and the award of the LITRAK Highway concession to Gamuda. It is now for The Industrial Court to explain its conduct.

END 

TO BE READ WITH 

The Sun reporters sacked for exposing Litrak in 1999

I am reproducing this message sent to me today for readers of Colour-blind.

Both Ganesh Sahathevan and Alan Yeoh were sacked after writing several articles concerning Litrak, See Hoy Chan and EPF. Gamuda’s executive director Dato’ Lin Yun Ling happens to be the brother of Dr Lin See Yan, the former deputy Governor of Bank Negara. Tan Sri Ramon has responded to say that he only owns 1,000 shares and he bought the shares after retirement from civil service. We were not sure how much shares were owned by AAB and Napsiah Omar.

———- Forwarded message ———-
Date: Sun, 29 Aug 1999 08:31:35 PDT
From: ganesh sahathevan <g_sahathevan@hotmail.com>
Subject: LDP Highway:A highway to Government indulgence

The owners of the privatised Lebuhraya Damansara Puchong(LDP), Lingkaran
Trans Kota Holdings Bhd (Litrak),have just announced that their revenue
is , and will continue to be higher then expected.

It’s executive director and substantial shareholder,Dato Lin Yun Ling,
has even announced that the company has a surplus of about RM 200 m in
cash.

All this after the Government agreed to pay Litark RM 85 million,at the
height of the recession, in “compensation”, for revenues lost when the
company agreed not to raise toll rates by RM0.50, as provided in the
concession agreement with the Government.

This “compensation” may sound fair, but one must consider the assistance
that the Government has ALREADY provided the company.

First, there was a RM535 million fixed rate loan from the Employees
Provident Fund (EPF), for a term of 13 years which even Lin Yun Ling
described as “uncommon”; EPF normally lends for only 5-8 years.

Then,there was a RM98 million loan at concessional rates.  The rates
have yet to be disclosed by the Finance Ministry.

On top of all this there is also a RM 100 million grant to pay for land
acquisition.

Some analysts say that the RM 85 million the Government has given Litrak
is actually in excess of the revenue that the company might have lost by
it’s own estimates.

The main beneficiary of the Government’s kindness has been Lin Yun Ling,
whose Gamuda Bhd,constructed the LDP in a joint venture with Yusof Daud,
for a cost of RM 600 million, or RM 40 million per km. In comparison,the
NKVE only cost RM 10 million per km.Lin and Raja Elena of Perak are
Gamuda’s two largest shareholders.