A Sarawak businessman told a sessions court in Kuala Lumpur today that Sime Darby Bhd was willing to pay RM400 million to Cahya Mata Sarawak (CMS), if the Sarawak-based company manages to acquire native customary land (NCR) for development.

The businessman, Chew Chiaw Ann, said former Sime Darby chief executive officer, Ahmad Zubair @ Ahmad Zubir Murshid, told him this in 2008, after meeting with the then Sarawak chief minister Abdul Taib Mahmud.

This followed the state's condition that only a local company is involved in any development project involving NCR land. Sime Darby wanted to transform the vast NCR land into an oil palm plantation.

“I introduced Zubir to representatives of CMS. The meeting took place after Zubir's meeting with the Sarawak CM. I was also present in that meeting.

“Initially Zubir wanted to apply for the land for development, not through CMS but through Sime Darby. If this is not successful, Sime Darby's Zubir was willing to offer RM400 million to CMS to have the land for development,” Chew ( right ) told the court.

Chew, 43, who is the fifth prosecution witness, was answering to questions from DPP Kevin Anthony Morais in an RM100 million criminal breach of trust charge faced by Zubir, and two alternative charges of cheating.

On the first charge, Ahmad Zubair is accused of failing to take or instruct legal action between Nov 17 and 28, 2008, to rectify the award of the NCR lands in KJD/Lower Julau, Sg Julau/Sg Pitoh/Sg Jiet and part of Merurun/Meluan/Entabai in Sarikei to Vertical Drive Sdn Bhd, causing Sime Darby to incur losses amounting to RM85,023,047.20 for having to acquire Vertical Drive.

On the second charge, he is accused of failing to take or instruct legal action between Nov 17, 2008 and Dec 4, 2009 to rectify the award of the NCR lands in the confluence of Btg Rejang/Btg Baleh, Kapit and the remaining eastern half of the Merurun/Meluan/Entabai and Julau to Nature Ambience and thus, causing Sime Darby to incur losses amounting to RM16,816,217 in having to acquire Nature Ambience.

On the cheating charges, he is accused of failing to inform Sime Darby’s board of directors on Nov 28, 2008 and Dec 4, 2009, respectively, that the NCR lands in Sarikei had instead, been awarded to Vertical Drive and Nature Ambience.

CMS is said to be a company owned by the family of Taib, who is now governor of Sarawak.

‘CMS deal did not go through’

Chew testified in court that the deal with CMS did not go on and Sime Darby also failed in its application to gain the land from the Sarawak government.

As a result of this, Sime Darby approached his company Vertical Drive, of which he was a director, for this purpose.

The witness said prior to this Vertical Drive had not applied for NCR land.

Earlier, Chew told the court that he acted as a Sarawak liason officer for Sime Darby, and that Zubir approached him to make the company’s investment in the land there.

Sime Darby, he said, also issued a business card for him in Zubir’s time and his designation was ‘a company representative’ to the conglomerate (Sime Darby).

Zubir, he said approached him to set up a meeting with Taib.

“I went to the chief minister’s office and met his secretary, to set up an appointment.”

The witness said he could not remember when was the appointment, but when showed documents he agreed the meeting took place sometime in June 2008.

“Zubir was present in the meeting with Taib but not (then) Sime Darby chairperson Musa Hitam,” he said, adding that the meeting took about half an hour.

The hearing before Sessions judge Abdul Rashid Daud continues tomorrow.