All eyes now on Eskay and 'crooked bridge' suit
While the crooked bridge case involving businessman Shazryl Eskay Abdullah versus Merong Mahawangsa Sdn Bhd and its executive director Yahya A Jalil, started off as any normal court case earlier this month, it is now assured that there will be much more interest in the matter.
While the crooked bridge case involving businessman Shazryl Eskay Abdullah versus Merong Mahawangsa Sdn Bhd and its executive director Yahya A Jalil, started off as any normal court case earlier this month, it is now assured that there will be much more interest in the matter.
This follows Eskay's professed involvement as part of the ‘Datuk T’ trio in the sex-tape affair in which Opposition Leader Anwar Ibrahim now finds himself implicated.
Eskay ( left in photo ) is alleged to have been angry with PKR de facto leader Anwar for declining to testify in his favour in the case against Merong and Yahya.
While Eskay’s own lawyer, CV Prabhakaran, has denied this , the case may provide other clues as to what has ticked Eskay off so furiously against Anwar and seek his downfall as a politician.
The following is a recap of the case, on which Kuala Lumpur High Court justice VT Singham will issue a decision on May 5:
The case was filed in 2002 by Eskay and was heard before two judges before later being transferred to Singham.
Eskay, who is a director in Aman Agropreneurs Sdn Bhd, said in his statement of claims that sometime in 1998, Yahya (
right
) approached him for help to secure the bridge project to replace the Johor Causeway.
Eskay said he was promised 16.66 percent stake in Merong Mahawangsa Sdn Bhd, a company in which Yahya is an executive director, for finding funders due to his contacts inside the government.
“Yahya wanted my help to use my good ties with the Malaysian government to increase his equity in the consortium from 20 percent to 60 percent. Yahya also knew I had a good network with international funders,” Eskay said in his statement.
Eskay - a physiotherapist by training - was said to have gained a lot of contacts while working for high-profile sports bodies in the US.
Eskay claimed that he was told that Merong Mahawangsa had to increase its paid-up capital if the Malaysian government were to give the company 60 percent of the consortium.
Sometime in February 1998, Eskay secured a guarantee from the Alabama-based firm Charles E Jay for a loan of RM640 million as the initial requirement for the proposed project.
Meeting Anwar
After securing the guarantee letter from the American firm, Eskay said he met then deputy prime minister and finance minister Anwar Ibrahim on May 3, 1998, over the proposal and set up a meeting between Yahya and Anwar.
“Anwar agreed to meet Yahya at his official residence the next day, where Yahya explained about him wanting Ibex Corporation Amalgamated Sdn Bhd to be given a 60 percent equity share.
"Anwar advised both of us to write directly to then EPU director-general Ali Abul Hassan Sulaiman,” he said in reference to the Economic Planning Unit .
Eskay also sought the help of a former deputy home affairs minister, the late Megat Junid Megat Ayob, to increase Merong Mahawangsa's stake in the consortium.
“Sometime around June 25, 1998, the EPU and prime minister awarded the project, known as 'Proposal to build a bridge to replace the Johor causeway', to consortium Suria Kalbu Sdn Bhd, which Ibex had a 60 percent stake, while Transwater Corporation and Diversified Resources Bhd each had a 20 percent stake.
This was verified by a former bodyguard Mohamad Mahti Abdul Rahim ( above ), who was the first witness to testify in the case.
Eskay, also testified in court on March 10, that as a result of a VVIP, namely, the present Sultan of Johor Ibrahim III, wanting a stake in Ibex. Eskay said he was therefore sidelined from the promised 16.66 per cent share.
Merong and Yahya then allegedly offered him RM20 million as compensation.
The plaintiff later got to know that the project was renamed the Malaysia-Singapore International Gateway, and had been transformed into a turnkey project for the construction of the scenic/crooked bridge, which later included the construction of the Integrated Customs, Immigration and Quarantine (CIQ) complex (
left
), a road bridge and railway swing bridge.
Eskay claimed the defendants had reneged on the agreement or pledge to pay him RM20 million for services rendered to secure the contract and increase the Ibex stake in the consortium.
Defence statement
Merong Mahawangsa in its statement of defence described Eskay’s allegations as wild, saying it obtained the project known as the crooked/scenic bridge on merit and that it was on a design-and-build concept or turnkey contract basis which it was awarded on Aug 1, 2003.
Merong Mahawangsa also claimed the project was terminated by the Malaysian government on April 12, 2006, and that the preliminary work was not done. It also said the EPU letter dated June 25, 1998, was not an award letter.
Yahya, in his defence, similarly maintains that he obtained the project on merit.
He denied making any offer, and said the onus is on the plaintiff to prove his assertions.
In his court testimony on Wednesday, Yahya admitted Eskay had helped set up a meeting with Anwar. Yahya in his testimony, however, claimed it was not he who approached Eskay but the other way around.
“I was approached by the plaintiff and he represented to me that he has close relationship with the leaders from all around the world, especially the leaders in Malaysia, and was able to provide his assistance to procure the project,” he said.
He also said Eskay made it seem that he was “able to use his personal influence, good relations, family and contacts with leaders in the government to secure the contract”.
Yahya said as the events took place a long time ago, he could not remember if he had, in fact, offered Eskay a 16.66 percent stake in Merong Mahawangsa.
“I signed the letter of understanding, but whether it was because of the agreement (to give Eskay 16.66 percent), I cannot remember,” he said.
The Merong Mahawangsa executive director denied his company had secured the project, which was revised as a crooked bridge and other related works, because of Eskay's help.
The crooked bridge, Customs, Immigration and Quarantine Complex, roadworks, railway line and related works were awarded to Gerbang Perdana Sdn Bhd, a subsidiary of Merong Mahawangsa.


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