Sime files another suit against ex-CEO
Sime Darby Bhd and three of its subsidiaries today filed another lawsuit against its former chief executive officer Ahmad Zubir Murshid - this time over losses suffered in the Bakun Dam project.
Sime Darby Bhd and three of its subsidiaries today filed another lawsuit against its former chief executive officer Ahmad Zubir Murshid - this time over losses suffered in the Bakun Dam project.
Also named as defendants are former executive vice-president of the group's Utility and Energy Division, Mohd Shukri Baharom, and the division's chief financial officer, Abdul Rahim Ismail.
The three other plaintiffs are Sime Engineering Sdn Bhd, Sime Darby Holdings Bhd and Sime Darby Energy Sdn Bhd.
The group is seeking RM92.2 million in damages, according to the statement of claim. The suit was filed in the New Commercial Court by law firm Zaid Ibrahim and Co.
Sime Darby claims that Ahmad Zubir ( right ), Mohd Shukri and Abdul Rahim were responsible for breach of trust and also violated their fiduciary duties, resulting in the heavy losses to the group.
The suit aims to recover these losses over the project, and in respect of the Receipt, Discharge and Indemnity Agreement given to Mohd Shukri.
This is Sime Darby's second suit against the three individuals.
The country's largest conglomerate had yesterday filed suits against Ahmad Zubir and four others over RM2.1 billion in losses incurred in three projects.
In its 96-page statement of claim, Sime Darby sought at least RM332 million in damages from the five for the losses it suffered in the Qatar Petroleum Project (QP), the Maersk Oil Qatar (MOQ) Project and its 'Marine Project', which involves the construction of vessels for the MOQ.
Aggravated and exemplary damages also sought
In today's suit, Sime Darby and its subsidiaries are seeking a restitution sum of RM74 million, which was wrongly paid out in the Bakun Dam project.
In addition, the plaintiffs want another RM16.5 million from the three defendants for wrongful payment in the project.
They are also asking the court to assess the damages for Sime Darby's wrongful giving away of plants to SinoHydro, and for damages to be assessed for all losses suffered by the plaintiffs as a result of the Bakun Dam project.
The group also wants the court to assess damages for alleged breach of trust and fiduciary duty, and to order two of the defendants - Ahmad Zubir and Shukri - to each pay a restitution sum of RM851,313.49, plus interest.
The government-linked conglomerate is also seeking aggravated and exemplary damages from the defendants.
For their financial year ended Jun 30, 2010, Sime Darby suffered RM964 million in losses , leading Prime Minister Najib Abdul Razak to call for an investigation into the matter.
Najib had said that the government first needed to investigate the cause of the losses.
Soon after this, Ahmad Zubir was removed as the chief executive and president and the Malaysian Anti-Corruption Commission started a probe .
Sime Darby is Malaysia's second-largest company by value, with a market capitalisation of RM47 billion. It owns more than 5,000 square kilometres of palm oil plantations in Malaysia and Indonesia.


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