Veteran journalist MGG Pillai today denied tampering with court documents filed at the Federal Court to review a RM2 million defamation award given against him in a suit brought by prominent businessman Vincent Tan.

He said that his solicitors are looking into what possible action could be taken against Tan over the latter's "unsubstantiated statements" suggesting such meddling by Pillai or his solicitors.

"My counsel shall address the points that Tan decided to discuss in public when the Federal Court hears the matter on Monday," Pillai told malaysiakini , adding that he had also replied to Tan's allegations in an affidavit filed and served on Tan's lawyers yesterday afternoon.

The Sun daily reported today that Tan, in his affidavit affirmed on March 30, claimed that Pillai had "tampered and falsified" some of the documents pertaining to his case at the Federal Court in Kuala Lumpur.

Tan said numerous pages in Pillai's affidavit for a review of a court order had been removed from the file in the Federal Court and replaced with fresh pages.

He added that such an action constituted forgery and the court should investigate the level and extent of the participation of those involved in the tampering of the court documents.

Known friendship

Tan's affidavit was in support of his application to strike out Pillai's own application to the Federal Court to review an order that he pay Tan RM2 million in damages for defamation.

Pillai is seeking the review on the grounds that the Federal Court which heard his appeal against the order could have acted in bias following a known friendship between the then Chief Justice Eusoff Chin and counsel VK Lingam, who acted for Tan. Eusoff was on the Federal Court panel which heard the appeal.

The Federal Court had delivered a written judgment in July last year upholding the decision of the High Court which ordered Pillai to pay the damages to Tan.

The High Court in 1994 found Pillai guilty of defaming Tan in an article which he wrote in the Malaysian Industry magazine. Pillai and several other defendants were ordered to pay Tan damages amounting to RM10 million. Pillai's share was RM2 million.

Pillai and two others then appealed to the Court of Appeal which dismissed the appeal in 1995. A Federal Court panel, which included Chief Judge of Malaya Wan Adnan Ismail and Chief Judge of Sabah and Sarawak Chong Siew Fai, heard Pillai's appeal in January 1998. The written decision was delivered last July, almost two years after the appeal was heard.

The Federal Court dismissed Pillai's appeal on the grounds that the award made by the High Court was reasonable and based on established principles of law

Wrong number

In his response to Tan's March 30 affidavit yesterday, Pillai said neither he nor his solicitors tampered, falsified or forged any court documents.

"The error in issue pertains to only a number and I have filed a motion to correct the same. In any event, it was the suggestion of the court registry that the page where the wrong number appeared be replaced," said Pillai.

Tan had claimed that there was an error in the suit number in two sets of documents that were served on him. He added that subsequently Pillai or his solicitor, without any formal application in court, had altered the court documents by adding a new page to the documents making the numbers same.

Tan added that Pillai or his solicitor had also altered the Malay and English versions of his affidavits enabling the front pages to contain the same suit number as the rest of the documents.

Pillai said in his affidavit that his solicitors were not involved in the filing of the court documents, adding that even though the suit number on the front page of the documents were wrong, the rest of the documents were correct and referred to his appeal to the Federal Court.

On Tan's claim that by entertaining Pillai's application for a review to reopen decided cases, the Federal Court will allow for uncertainty and chaos in the judicial process and system, Pillai replied that the Federal Court has the power and jurisdiction to set aside its own orders and judgments under certain circumstances.

Pillai also asked the court to dismiss Tan's application with costs. The Federal Court has fixed Monday to hear both applications.