The RM100 million mutaah (gift following divorce) claim by Shahnaz A Majid against her former husband Mahmud Abu Bekir Taib, is not "absurd and excessive" as the son of Sarawak governor Taib Mahmud can afford it.

Shahnaz's lawyer Akbardin Abdul Kader said this in his submission over the claim at the Syariah High Court in Kuala Lumpur today.

He argued his client had proven that her husband could afford to pay it as shown by his assets, his lifestyle - where his credit card expenditure runs into hundreds of thousands of ringgit per month - and the luxury cars in his possession.

"Bekir even admitted that his ownership of shares alone in Cahya Mata Sarawak is sufficient to pay the claim," said Akbardin.

In his submission the lawyer said the net assets of Bekir were worth between RM916 million to RM1.334 billion.

"All this are net assets minus all possible liability," he emphasised.

'Evidence not rebutted'

Akbardin said it was important to note that the testimony by certified chartered accountant Andrew Heng, from the eighth world largest chartered accountancy firm, Ferrier Hodgson, who did a valuation of Bekir's assets, was never rebutted.

"No expert witnesses are called by the defendant to rebut this evidence despite them seeking a two week break," he said.

Furthermore, Akbardin said the former Sarawak chief minister's son could even hire a public relations consultant for this case and paid RM840,000 (for two years work) not including tax.

"This all goes to show he can afford it," he said, adding that his client Shahnaz had suffered physical and mental abuse in the marriage which lasted for 19 years, where in the last 10 years they did not lived together.

He added her suffering was like 'gantung tak bertali' (akin to being hung). “This was admitted by the defendant himself."

Akbardin also submitted that Shahnaz's testimony of the physical and verbal abuse she faced, such as being punched, kicked and called names between 1994 and 1998, was never rebutted, along with her testimony that her former husband practised polygamy.

This was shown when he brought his Australian wife to his sister's wedding in 1994, which caused humiliation to the plaintiff and her mother.

137 documents tendered

Meanwhile, Rafie Mohd Shafie, also a lawyer for Shahnaz, told the court that their client had managed to prove their case by tendering 137 documents in the form of bank accounts, credit card statements, chartered accountant reports and pictures of the cars as evidence.

“This is against only one document of evidence by the defendant's lawyer, which is the Syariah Court of Appeal ruling which ordered the re-trial,” he asserted.

Besides the RM100 million mutaah claim, Shahnaz is also seeking another RM400 million joint matrimonial asset claim, which has yet to be heard.

She is also claiming another RM121 million for maintenance for their only offspring, a 22 year-old son.

Bekir's lawyers led by Zainul Rijal Abu Bakar and Saadiah Din, are scheduled to reply shortly.