The Kuala Lumpur High Court today allowed an application by National Union of Bank Employees (NUBE) officials to initiate contempt proceedings against 15 members and former officials as well as their lawyer who had withdrawn RM1.2 million from the union's accounts.

NUBE elected president Abdul Jalil Abdul Hamid said the decision was made by judge Azmel Maamor in his chamber o­n the grounds that the 15 had breached a Feb 28 court order to immediately return the whole sum.

To date, the former officials have o­nly returned RM602,060 out of RM614,088.40 in the NUBE account in Bumiputera Commerce Bank Bhd. Another RM654,060 withdrawn from the Ambank Bhd has yet to be returned.

In total, they still owe the union RM664,088.40.

Breached interim order

Abdul Jalil said by withdrawing the RM1.2 million in the first place, the 15 had also breached an interim order which prevented elected officials from handling the union's accounts.

"The 15 and their solicitor D Kalaimany from Messrs Kalai and Partners had obtained the (interim) order (to withdraw the money) o­n Feb 22 by practising a deception o­n the courts," claimed Abdul Jalil.

The 15 include eight NUBE members Nor Azlan Abd Hamid, Arnold Owen Rodriguese, Zainudin Sies, Nor Azman Abd Rahman, Mohd Zan Majid, Zulfazli Johari and Mohd Raduan Abdul Kadir.

The other seven are expelled and suspended former NUBE officials - Muhammad Fauzi Shamsuddin, A Prathibaraj Arunasalam, Abd Malek Daud, Mohd Azhar Yusof, S Kandaiyah, Mohd Noor Basir, Jamal-ud-deen Nasir Khan and Toh Seng Hock.

He added that the 16 have also committed a deception against the court after getting an ex-parte order by alleging that Abdul Jalil and eight other defendants in a protracted court battle over the NUBE leadership would transfer the union money from Bumiputra Commerce Bank and Ambank, which they themselves did.

"In fact, they have committed a criminal offence by drawing out the money in cash to be transferred into their personal accounts," said Abdul Jalil whose leadership is being challenged by Muhammad Fauzi and his supporters.

Muhammad Fauzi's faction however, had claimed that the money was taken out to stop the other faction from misusing it. They alleged that Abdul Jalil's people were using a branch's account illegally for their expenses.

Contradicting court orders

Abdul Jalil also charged that the former office bearers had collaborated with their counsel not to tell the truth about the real situation in NUBE despite having knowledge about it.

"Their failure to tell the truth has resulted in contradicting orders from what has been decided by the Court of Appeal. This will embarrass several High Court proceedings," Abdul Jalil said.

He said the hearing date will be fixed tomorrow.