KUALA LUMPUR – Two former prime ministers, Tun Dr Mahathir Mohamad and Tan Sri Muhyiddin Yassin, have been named in a suit over their roles in causing the cancellation of the Kuala Lumpur-Singapore High-Speed Rail (HSR) project.
They are two of five defendants named in the suit filed by one Mohd Hatta Sanuri on December 30.
The other three defendants are the Malaysian government and former ministers Datuk Seri Mustapha Mohamed (Economic Affairs) and Datuk Seri Wee Ka Siong (Transport).
Media reports quoted the plaintiff as saying in his statement of claim that the termination of the project had caused massive losses to the country.
These losses include 70,000 potential high-paying jobs, loss of foreign investors’ confidence, potential RM70 billion profit, and RM366 million in overall compensation that had to be paid to Singapore.
“Based on the above facts, the defendants need to pay aggravated and exemplary damages to every Malaysian, including the plaintiff, for an action that is unconstitutional, vicious (kejam) and (one made) for their own dishonest benefit that turned back on the interests of Malaysians,” Hatta was reported as saying.
As a result of these losses, Hatta is seeking a court order to revive the project and nullify its earlier cancellation, compel the defendants to pay RM1 million in damages and compensations to every Malaysian citizen, and provide a written explanation for the termination.
Hatta had previously in 2021 sued the government over its decision to withdraw from contesting the International Court of Justice’s award of sovereignty over Pulau Batu Puteh to Singapore.
He is currently appealing the case after the high court quashed his bid in July last year.
In his latest suit, Hatta alleged that Dr Mahathir was negligent and committed a tort of misfeasance in public office when he decided to postpone the multi-billion ringgit HSR project on September 5, 2018, while he was in power.
This resulted in the Malaysian government having to pay RM46 million in compensation to Singapore.
Hatta claimed that Muhyiddin committed similar negligence and tort of misfeasance when he, acting as the then prime minister, terminated the project on January 1, 2021, causing Malaysia to pay a further RM320 million in compensation.
He alleged that Mustapha and Wee were similarly negligent and had perpetrated misfeasance in public office over the postponement and cancellation of the HSR.
Meanwhile, Malaysiakini reported that based on a memorandum of appearance filed in court on January 20, the Attorney-General’s Chambers has entered an appearance on behalf of the five defendants in the lawsuit.
Case management has been set for February 2 at the Kuala Lumpur High Court.
Malaysia and Singapore inked a bilateral agreement for the construction of the HSR on December 13, 2016, but was eventually terminated after both countries failed to reach an agreement on several changes proposed by the former.
The 350km railway line was to be completed in 2026, reducing the travel time between both destinations to 90 minutes.
In August, then prime minister Datuk Seri Ismail Sabri Yaakob expressed hope that the project could be revived at the earliest date. – The Vibes, January 31, 2023
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