KUALA LUMPUR HIGH COURT CIVIL SUIT NO: WA-23CY-43-09/2018
SETIA UTAMA LRT3 SDN BHD
(FORMERLY KNOWN AS MRCB GEORGE KENT SDN BHD) … PLAINTIFF
1.MOHD ROSLI BIN AZAD KHAN …. FIRST DEFENDANT
To:
MALAYSIAN RESOURCES CORPORATION BERHAD
[Company No. 196801000388 (7994-D)]
And
SETIA UTAMA LRT 3 SDN BHD
(FORMERLY KNOWN AS MRCB GEORGE KENT SDN BHD)
[Company No. 201501033880 (1159200 – W)]
1. On 30.7.2018 and on 17.8.2018, respectively, I had authored and caused to be published two public articles on the online news portal Free Malaysia Today (“FMT”) entitled “LRT3: Why the additional funding of over RM7 billion?” and “On Parliament, good governance and transparency” (collectively referred to as “the Articles”).
2. The Articles contained the following Impugned Statements:-
(i) article titled “On Parliament, good governance and transparency” dated 17.8.2018 on the website of FMT Media previously accessible at http://www.freemalaysiatoday.com/category/opinion/2018/08/17/on-parliamentgood-governance-and-transparency/
“…Talk on the substantial difference between the original tendered price of RM9.030 billion committed to by the current PDP which submitted what was then the highest price from the six bidders, and the additional sum of RM7.6 billion, is common.
Many critics of the LRT3 now say that if the current PDP cannot commit to its winning price and cannot deliver the completed system within the committed timeframe of four years and six months (to be completed by Aug 31, 2020), then it should surrender the project to the project owner, which is Prasarana Rail.
Prasarana Rail could then opt to re-tender the project to the other five bidders who were previously denied the project despite all submitting lower bids. The finance ministry, even as the owner of Prasarana, should not be involved in the negotiation process and decision making.
It would be very unfair to the government, the rakyat and the five other bidders if the current PDP gets a second bite at the cherry. The PDP was awarded the job in September 2015. After failing to deliver its contractual obligations, it has been given the chance to renegotiate the price upwards to RM16.63 billion.”
(ii) article titled “LRT3: Why the additional funding of over RM7 billion?” dated 30.7.2018 on the website of FMT Media previously accessible at http://www.freemalaysiatoday.com/category/opinion/2018/07/30/lrt3-why-theadditional-funding-of-over-rm7-billion/
“…The RM7 billion question
The Finance Ministry (MoF) which fully owns Prasarana, made a quick review and decided suddenly on a new figure of RM16.63 billion for the project to go ahead but with much reduced or lower specifications.
This decision is not right without linking the LRT3 to the projected travel demand. Something is amiss and the explanation on cost escalation does not rhyme with the project economics.
In fact, many elements associated with the LRT3 project do not make sense and warrant further clarifications and possibly multiple investigations – financial, technical and legal.
Therefore, rather than providing the PDP with more money, a full investigation into these three areas encompassing the increased project cost, project delay, non-performance and non-compliance by the parties involved should be undertaken prior to approving any new funds.
Pending the outcome of the thorough investigation, the project should therefore be suspended
…
The simple question is; why the sudden jump from RM9 billion to RM16.63 billion when the specifications were reduced?
There are many more questions to be answered by the MoF rather than just a short explanation on how the request for the budget was simply increased from RM9 billion to RM16.63 billion.”
(collectively referred to as the “Impugned Statements”)
3. I acknowledge that Malaysian Resources Corporation Berhad and its wholly owned subsidiary Setia Utama LRT3 Sdn Bhd (formerly known as MRCB George Kent Sdn Bhd) [hereinafter collectively referred to as the “MRCB Group”] interprets the Impugned Statements to be defamatory in nature.
4. I regret having authored and caused to be published the Impugned Statements and sincerely apologize to the MRCB Group which was directly affected by me authoring and causing to be published the Impugned Statements, for the distress, inconvenience and embarrassment caused.
5. I hereby irrevocably, unequivocally and unconditionally acknowledge and admit that:-
a) There is no truth in the Impugned Statements;
b) The Impugned Statements contained in the said Articles are completely false, unjustified and unsubstantiated and are defamatory in nature; and
c) By publishing the Impugned Statements, I have caused the MRCB Group to suffer considerable distress, inconvenience and embarrassment as well as damage to their reputation.
6. I irrevocably undertake not to, whether directly or indirectly, or through any third parties, affiliates and/or associates repeat or publish the Impugned Statements or any other similar words in any manner whatsoever regarding the MRCB Group and/or any of its subsidiaries, its directors, employees, servants and/or agents, in any form or medium whatsoever. I further irrevocably undertake not to, whether directly or indirectly, or through any third parties, affiliates, and/or associates, author any articles and/or comment on the LRT3 Project.
7. I hereby fully acknowledge and understand that any further defamatory acts directed towards the MRCB Group and/or any of its subsidiaries, its directors, employees, servants and/or agents caused by me, whether directly or indirectly, will not be tolerated, and will be met with definitive legal action seeking damages against and not limited to an apology and costs from me.
8. Parties shall record a consent judgment incorporating all the terms herein.
9. I shall cause to be published this apology as a public post on the following online platforms:
a) Free Malaysia Today (URL: www.freemalaysiatoday.com); and
b) The Vibes (URL: https://www.thevibes.com),
within seven (7) days from the recording of the consent judgment in court.
10. I acknowledge and fully understand the contents and essence of this statement of apology and shall abide by all the undertakings hereby made by me to give full effect for the purpose and intent of this apology statement.
MOHD ROSLI BIN AZAD KHAN
