The Johor Baru High Court today fined Tenaga Nasional Bhd RM100,000 after it had found the power utility company guilty of contempt for suppressing material evidence in a squatter land case.

Judicial Commissioner M Gunalan however did not accord punishment to land surveyor Ahmad Rustami Ramley, the other defendant who was also found liable for contempt.

Instead, they were Ahmad Rustami was given a stern reprimand.

It was reported in April that Gunalan had found TNB and Ahmad Rustami guilty of contempt in hiding material evidence over a detailed survey carried on a 40 hectare parcel of disputed land in Plentong, Johor, for which the land surveyor was hired by the power utility company.

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

Gunalan said this was a serious offence and hence, a high fine should be accorded. TNB had asked for the fine to be set at RM10,000.

The fine was confirmed by lawyer Matthew Thomas Philip who appeared for developer Bukit Lenang Development Sdn Bhd, which owned the land and had initiated the contempt proceeding.

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

Bukit Lenang, in its legal action against TNB along with two other utility companies, claimed they had trespassed on the 40ha plot to provide amenities to some 300 squatters.

Bukit Lanang director Zaharey Jusoh in an affidavit last year said the court had in April 2003 given judgment in the company’s favour, with the squatters to vacate the land and it was vacated sometime between 2008 and 2009.

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

The land survey done by Rustami showed the powerlines to the squatters provided by TNB, which was suppressed from the court in 2011.

TNB is represented in the contempt hearing only by counsel Steven Thiru, while  lawyer Gopal Sreenevasan is representing Rustami.

The power utility company is appealing against the contempt finding.