An ex-parte application has been filed for leave to cite former Kian Joo Can Factory Bhd (KJCF) group managing director See Teow Chuan and 11 others and their lawyer VK Lingam for contempt of court for alleging plagiarism in a Federal Court written judgment.

Lawyer Cecil Abraham, representing liquidators of Kian Joo Holdings Sdn Bhd (KJH), informed the filing of the application to a five-man Federal Court panel that was today scheduled to hear an application brought by the applicants for a review of a a previous Federal Court panel's ruling that did not favour the applicants.

See and the 11 others are the majority contributories of KJH, a family investment holding company that was ordered by a High Court to be wound up in 1996. Ooi Woon Chee and Ng Kim Tuck were appointed liquidators of KJH.

Abraham told the court that since the review application involved issues of scandalising the court, he had last week extended a written notice inviting the attorney-general to intervene on the matter.

'AG wishes to intervene'

"Although he is not present in court today, Attorney-General Abdul Gani Patail had indicated on March 2 that he wished to intervene," said Abraham.

Panel chairperson Chief Justice Arifin Zakaria said it was a serious allegation as it affected the integrity of the court.

"We adjourned this matter to allow the attorney-general to intervene," said Arifin, who presided on the panel with Chief Judge of Sabah and Sarawak Richard Malanjum and Federal Court judges Hashim Yusoff, Ahmad Maarop and Hasan Lah.

The court fixed April 3 for the hearing. Justice Arifin also said that the attorney-general would be notified of the hearing date.

lingam tape hearing 300108 vk lingam 02 Meanwhile, Lingam ( right ), representing See and the 11 others, said they wanted to be heard on the leave application but Abraham responded by saying he was not obliged to serve the leave application on them since the application was made ex-parte.

Justice Arifin said the court would also hear submissions from parties on the next hearing date and decide whether Lingam and the 12 others could be allowed to be heard in the ex-parte leave application for contempt of court.

The 11 others are See Teow Koon, See Teow Geok, Teo Guan Hur, Seow Luan Eng, Khor Get Kim, See Siew Tin, See Siew Khim, Liew Choon Lum, See Chin Lam, See Siok Hong and See Siok Kim.

On Jan 5 this year, a three-man Federal Court panel ruled in favour of the liquidators of KJH to proceed with the sale of 146.13 million Kian Joo shares held by KJH to Can-One Bhd for RM241.12 million.

In 2009, the applicants filed an application in the High Court after Can-One won the tender to purchase the 32.9 per cent stake in KJCF.

'Judgment a reproduction of written submission'

They failed to stop Can-One from acquiring the shares at the High Court but the Court of Appeal reversed the decision and the case was taken to the Federal Court, which ruled in favour of the liquidators.

Seow and the 13 others filed a notice of motion through Lingam seeking the Federal Court's review of the decision by its previous panel.

They asked the Federal Court to set aside the decision of the previous Federal Court panel and order a re-hearing of the appeals before a new Federal Court panel.

In the notice of motion, one of the grounds for review they cited was that the Federal Court's 47-page judgment was substantially a reproduction of a written submission from Ooi and Ng, without any attribution to them.

They claimed that the court did not conduct an independent and impartial review of the evidence and the law, where it did not engage in its own analysis or reach its own findings.

- Bernama