Power utility company Tenaga Nasional Bhd (TNB) and a land surveyor have been found guilty of contempt of court by the Johor Bahru High Court for suppressing evidence in a squatter land case.

 

The finding was made by judicial commissioner M Gunalan, who on Thursday ruled that TNB and land surveyor Ahmad Rustami Ramley had, beyond reasonable doubt, suppressed material evidence during a 2011 trial in an action initiated by Bukit Lenang Development Sdn Bhd.

 

The material evidence is a detailed survey carried out on a 40-hectare parcel of disputed land in Plentong, Johor, for which Rustami's company was hired by TNB.

 

Rustami and TNB were found to have deliberately given false testimony by claiming they have not carried out the land survey, with the view of suppressing the existence of the survey report.

 

Gunalan allowed mitigation on the sentencing to be heard on May 22.

 

It is understood that this is the first time the power utility has been found guilty of contempt.

 

In its legal action against TNB, the developer of the site, Bukit Lenang, claimed that TNB, along with Telekom Malaysia Bhd and water utility company SAJ Holdings Sdn Bhd, trespassed on the 40-hectare plot in Plentong to provide amenities to some 300 squatters.

 

Bukit Lenang Development director Zaharey Jusoh in an affidavit dated Aug 8, 2013, said the court had in April 2003 given judgment in his company's favour, with the squatters ordered to vacate the said land.

 

However, the squatters only vacated the land five years later - between December 2008 and January 2009 - while the company was also awarded close to RM64 million in damages for the action of the squatters in occupying the land.

 

The land is now being developed on a commercial joint-venture basis called Sunway Lenang Heights.

 

Survey done, but not revealed

 

Zaharey claimed TNB could not lawfully supply electricity to the squatters on grounds that the settlers are not entitled to occupy the land.

 

“It is our position that TNB was also trespassing on the land by virtue of it erecting electricity poles, between which cables were strung for the squatters.”

 

“However, TNB had denied that it had erected electricity poles on the land, or that electrical cables or wires had trespassed on the land,” he said.

 

Zaharey said Rustami, whose firm was hired by TNB to prepare a detailed survey of the land, had testified in court that he never visited the site to do the survey.

 

Zaharey's lawyer Matthew Thomas Philip said he asked Rustami about the land survey several times during the High Court hearing, and that even judicial commissioner Gunalan repeated the questions.

 

The witness (Rustami) had the intention to mislead the court and he therefore indirectly interfered with the administration of justice and committed contempt, Matthew said.

 

Zaharey also produced a transcript of the High Court proceedings on testimonies given by Rustami and TNB Johor Jaya branch manager, Azailli Haron, to prove the point that they attempted to suppress evidence during the hearing.

 

After Rustami's testimony, Zaharey's solicitors obtained a copy of the detailed survey report and lodged a police report on May 23 last year. The plan done by Rustami's company indicated that the TNB poles and lines were indeed erected and installed on the disputed property.

 

The survey, titled ‘Pelan Ukuran Butiran dan Laluan Talian Elektrik’ (Detailed land survey and electric cable lines) was for Lot 49260, Kampung Plentong, Johor Bahru.

 

A similar complaint was made to the Malaysian Anti-Corruption Commission (MACC).

 

Besides Matthew, Bukit Lenang was also represented by Clinton Tan, while David Dinesh Matthew and Gurmel Singh appeared for TNB. Rustami was represented by PL Leong.