KES Saman Tan Sri Chong Kah Kiat terhadap Ketua Menteri Sabah, Datuk Seri Musa Haji Aman yang sepatutnya dimulakan kelmarin 12 Januari 2009 sudah mula didengar di Mahkamah Tinggi Kota Kinabalu pada hari ini, 13 Januari 2009.
Ketika Musa sibuk melawat mangsa banjir di Pitas Kudat, Chong telah mula memberi keterangan dan meluahkan apa yang terbuku di hati di hadapan Hakim Yew Jen Kie.
Dalam masa yang sama Calon Barian Nasional Kuala Terengganu, Datuk Wan Farid Wan Salleh mula seperti cacing kepanasan kerana terpaksa menjawab pelbagai tohmahan termasuk rungutan lebih 5,000 pengikut Ma Tzu daripada 8,465 pengundi Cina yang tidak puas hati dengan layanan Kerajaan Barisan Nasional.
Mampukah Chong Kah Kiat mengheret Musa Aman ke Mahkamah untuk memberi keterangan atau Musa hanya mewakilkan Peguam Negeri Sabah tanpa mempedulikan karenah Chong Kah Kiat adalah suatu yang menarik untuk dikaji?.
Lebih 250 email yang diterima daripada seluruh negara untuk mengetahui kes perbicaraan pada hari pertama membuatkan saya berusaha mendapatkan catatan penuh di Mahkamah Tinggi Kota Kinabalu agar ahli UMNO dapat membuat penilaian yang saksama apakah wajar Ketua Perhubungan UMNO Sabah mengheret ahli UMNO ke kancah peperangan peribadinya dengan Chong Kah Kiat.
MALAYSIA
IN THE HIGH COURT IN SABAH AND SARAWAK AT KOTA KINABALU
SUIT NO: K22-18-2008
12th January 2009. 9 a.m Chambers..
AG argued for postponement until tomorrow.
Issues raised- duplicity of issues namely prayers b and c.
And withdraw 2nd, 3rd and 4th defendants from the suit.
Hj Ansari: I have to sought my clients instruction.
Judge: court adjourn. Matter to be heard in open court.
Tan Sri Chong Kah kiat-
AG: Application to make:
My Lady there are two reliefs in this suit which duplicates the Om appeal. I understood that the two prayers be dropped. I am now inviting the two counsel for the plaintiff to dropped the two prayers and probably withdraw some of the defendants. We have agreed for this matter to be stood down until tomorrow.
Hj Ansari: I conform that the parties have discussed and agreed to adjourn the matter till tomorrow. I would need to discuss the matter with my client.
To seek instructions from my client. Ag also requires instructions from the 1st and 2nd defendants who are not in town. Cm will only be back this evening. Secretary general-this weekend. That is the reason why i had agreed for this matter to be stood down until tomorrow.
Judge Ruling: Adjourn till tomorrow. 9 a.m
13th January 2009. 9 a.m......
First witness: Tan Sri chong Kah Kiat:
Hj Ansari: Much oblige my lady. The parties are as before and the plaintiff is ready for trial but i was informed that my learned friend the AG wishes to address the court.
Judge: Yes Datuk Roderick.
AG: Since yesterday morning adjournement, I have been informed by the learned counsel for the Plaintiff that the plaintiff will not be dropping relief (b) and (c) and 2nd, 3rd and 4th Defendants. That being the position it force the defendants to make an application to strike out those reliefs abd also to those defendants. We are prepared to make the application orally or in formal application. With the consent of the plaintiff, we will make an oral application and if the court allows, by this afternoon. If it is a formal application we will need slightly longer than that.
Hj Ansari: The law is clear. The parties can at any stage of the proceeding before the final judgement is entered either to strike out the parties or part of the pleadings. We are prepare to oppose even now both applications either orally or in writing. In view that there are civil servants involved as witnesses in this case, we insist that the trial will proceed this morning. We leave it to court and my learned friend as to when the application to strike out the parties or pleading.
Judge: How many witnesses of the plaintiff are in court this morning?
Hj Ansari: I think eight of them; they also came yesterday. Five of them are from outstation.
Judge: In view that the plaintiff's witnesses are present in court to give evidence and in order not to interrupt with the proceedings, especially where it involve witnesses from out station, the court will hear the application by tje Defendants orally after the witnesses from out station have given their evidence.
Hj Ansari: May we start with the marking first?
Judge: Bundle of Pleading BP
Plaintiff's Bundle of Documents PBD (I)
Plaintiff's Bundle of documents Volume 11 PBD (II)
Defendant's List and Bundle of documents DBD
Haji Ansari: We have come to the agreement that in respect of PBD (I), there is only one disputed item, i.e item 15. There are three item i.e item 3, 12 and 13, the contends thereof are not agreed, the rest are agreed.
In respect of PBD (II), there are six documents veing disputed, i.e item 54,55, 56, 57, 65 and 66. Item in respect of which contents are in dispute are item 58 until 64 and 67. The rest of the item are admitted.
In respect of DBD, items of which contents are disputed are items 7, 30, 32, 34, 37 and 38. The disputed document are items 20 to 28, 39 to 40. The rest are admitted.
I would like to make an oral opening address.
Most of the judges normally asked me for written opening speech after i had made my oral opening speech. Your Lady does not have to record the opening speech as my assistant will record it verbatim and the same will be furnished to the court.
(Opening Speech upload earlier in this blog)
I shall now call my first witness, the plaintiff himself.
PWI: CHONG KAH KIAT (480602-12-5245)
Affirms and states in English
60 years old
2402, Taman Chin Sang,
Kilometer 7, Jalan Tuaran, Likas.
Examination in Chief:
Hj Ansari: Where were you born?
CKK: In Kudat Sabah.
Hj Ansari: Where did you take early education?
CKK: I did my primary education in St.James Primary School in Kudat.
Hj Ansari: In your 60 years of age, how long have u spent your time in Kudat?
CKK: Except my secondary education in Kota Kinabalu, which of course i went back during school holiday and except for my five university years in New Zealand and after I returned from New Zealand and started my legal practice and lived in Kota Kinabalu but I frequently went back to Kudat.
Hj Ansari: What is the racial composition of Kudat?
CKK: There are three main races-the Muslim, the Chinese and the Native of Kudat called Rungus. The composition is as far as I know almost one third respectively.
Hj Ansari: How would you describe the relationship between these three racial group in Kudat?
CKK: Very good.
Hj Ansari: Before 1976 was the part of the seafront reclaimed by the Alliance Government?
CKK: That is correct. In fact, the sea reclaimation started in the late 1960s by the theb Chief Minister, Tun Datuk Mustapha.
Hj Ansari: Are you of the purpose of the reclamation of the seafront?
CKK: I won't be able to say what to say what was the purpose then because at that time I was still relatively very young.
Haji Ansari: When did you become the State Assemblyman of Kudat?
CKK: I was first elected as the State Assemblyman in 1981.
Hj Ansari: How long did you remain in your first term as an Assemblyman?
CKK: From 1981 to 1985.
HJ Ansari: During your term as Assemblyman, did you serve the state Government in any capacity?
CKK: I was appointed as Assistant Minister to the then Chief Minister in year 1982.
Hj Ansari: During this period, what sort of development was carried out on the sea reclaimation area in 1981 to 1985?
CKK: At that time the whole reclaimed area was largely abandoned and actually no development.
Hj Ansari: What was your position in 1994 when the BN government took over from the then previous government?
CKK: In 1994 I was back in private practice. I went back to private practice from 1985 to 1995.
Haji Ansari: Anything happened after 1995?
CKK: I was appointed as a member of the Senate in August 1995, if I remember correctly. The following year I was appointed as one of the ministers in the Prime Minister Department.
Haji Ansari: During this time 1995 and 1996, how was the Kudat sea reclamation are being utilizes?
CKK: By then part of the reclaimed area was developed with State Government as well as Federal Government buildings, including the District Secretariat.
Haji Ansari: In 1996 did the State Government take any initiative on the balance of the sea reclamation that had not been developed?
CKK: Yes in 1996, the State Government attemped to turn the remaining sea reclaimed area totalling 147 acres into the KUdat Industrial Estate which they called KIE.
Haji Ansari: What happened to the rest of the land?
CKK: The rest of the land is now part of the Kudat Golf course.
Haji Ansari: Was there any change of plan in so far the undevek\loped part of sea front is concerned?
CKK: As I had said the remaining areas became a golf course. In 1999 when I came back to Sabah and became the State Minister for Tourism and the State Assemblyman for Kudat for the second term, I recommended to the Kudat District Council to consider changing the four areas which was the earmarked as KIE to be converted into tourism.
Haji Ansari: Does your proposal covered the site of the statue?
CKK: Yes, in fact it covers the whole 147 acres initially for industrial development.
Haji Ansari: Did the Kudat Town Board, the 4th defendant, agree with your proposal?
CKK: Yes, In fact, Kudat Town Board subsequently forwarded the proposal to the Town & Country Planning Central Board.
Haji Ansari: To your knowledge, did the Town & Country Planning Board agree with the proposal submitted by the Kudat Town Board?
CKK: Yes
Haji Ansari: What is the position of the 3rd defendant in the Central Town and Planning Board?
CKK: As the Permanent Secretary of the Ministry of Local Government and Housing, he is also the Chairman of the Central Town and Planning Board.
Haji Ansari: When did you serve as Chief Minister of Sabah?
CKK: I was the Chief Minister from March 25, 2001 to March 25, 2003.
Haji Ansari: Did you hold any position in the State Government after March 2003?
CKK: I was retained as a member of the State Cabinet by my successor as Deputy Chief Minister and remaining to hold the post of Minister of Tourism.
Haji Ansari: In your statement of Claim it was stated that the Kudat Thean Hou Foundation was set up, could you give the back ground of how it was set up?
CKK: The Foundation was set up primary to put up a statue of the Goddess of the Sea in Kudat.
Haji Ansari: Where was the site of this project?
CKK: It was within the 15 acres of land owned by the shipyard, Penuwasa Sdn.Bhd. It was sited within that 15 acress where an area of 2-3 acres was given to the Foundation to the site the statue. The statue site adjoins the resort hotel as well as the new Kudat Golf Course.
Haji Ansari: Who chose the selected site for this statue?
CKK: If I may go back a bit earlier. I did not initiate the construction of the statue. The statue was actuallt\y as a resukt of the divine instruction from the Goddess of the Sea. She specifically mentioned my name in the divine instruction in the form of written message. Eventually I myself located this area in question where the owner of the land agreed to donate to the Foundation. After that I went back to my societu, the Moral Uplifting Society, for the approval and I obtained the approval.
Haji Ansari: Referring to the page 30 of PBD (I), can you point out to the court where is teh site of the statue and the site of As-Syakirin Mosque in the picture?
CKK: The site of the statue is Marked X towards the lower right. The Mosque is at the far left marked Y.
Haji Ansari: Pray for this photograph to be marked as exhibit since it is part of agreed documents.
Court: Photograph at page 30 pf PBD (I): P1
Haji Ansari: What is your estimation of the distance between the Mosque and the site of the statue?
CKK: From the respective sites and measuring it through the roads, it is over 700 meters in distance.
Haji Ansari: What was the decision of the Foundation as to the size of the statue?
CKK: That was again through divine instruction by way of written message instructing that the height of the statue be 88 feet with a platform of 20 feet, making it a total from the ground 108 feet. The face of the statue facing directly across towards the west which is facing directly accross the golf course.
Haji Ansari: Was the statue to be constructed facing the mosque?
CKK: No
Haji Ansari: Was the statue in line with the direction of the prayers of the congregation in the mosque?
CKK: Both directions run parellel towards the west; it does not obstruct.
Haji Ansari: Referring to PBD (1) page 1, what documen is contained in page 1 to 4?
CKK: That is the land title where the statue is located within the said land.
Haji Ansari: Apply fir it to be marked as P2.
Court: Land Title at page 1-4 of PBD (I) P2 (a-d)
Haji Ansari: Look at 2 (b) which states, "The said lain is demised herein expressly and only for the purpose of industrial (shipyard)." According to the statesment of defence, in particular, paragraph 25 (a) that the project cannot be proceeded because it was in breach of the land use expressly stated in the land title of the asid land. What is your response to that line of defence?
CKK: That is not correct.
Haji Ansari: Why do you say it is not correct when the passage that I showed to you ststed the purpose of the land for industrial purpose?
CKK: The land use in respect of that title has been change from industrial to tourism in April 2001.
Haji Ansari: After you had chosen the site and so on, who did you engage to draw out the plan as consultant?
CKK: I or Foundation engaged a professional consultant TPM Konsultant Sdn.Bhd.
Haji Ansari: Referring to the page 5 of PBD (1). What is this document?
CKK: That is the Foundation's application to the Kudat Town Board, the 4th defendant.
Haji Ansari: Apply to have it marked, part of the agreed bundle.
Court: TPM Konsultant's letter: P3
Haji Ansari: In paragraph 9 of the statement of claim you mentioned that on 23.10.2005 you were informed that the 4th defendant had approved the plan. Who was the officer who informed you this of the plan being approved?
CKK: The Excutive Officer of the 4th defendant, Encik Ariff Abdullah.
Haji Ansari: You also stated in paragraph 10 of the statement of claim that the Foundation held a ground breaking ceremony on 29.12.2005. At that point in time did you receive any written approval to commence the project?
CKK: No. The projevct was not started yet.
Haji Ansari: Who was the person who chose this date 29.12.2005 for the ground breaking ceremony?
CKK: We got the elders from our Taoist Temple to give us a date just for the ground breaking.
Hj Ansari: Tan Sri I am referring you to page 62 of PBD (I) letter dated September 2001. This letter I believe is also agreed. I would like to refer you to page 213 of PBD (II). Two documents. What are these letters?
CKK: The first letter dated 15 December 2005 was given to Kudat Resort Hotel by the District Surveyor giving permission to start work. The 2nd letter also dated 15 December 2005 to start work.
Hj Ansari: Since both letter are not objected may i have them marked.
Page 62 bundle PBD1- Exhibit P4 item 48.
Page 213 bundle PBD2- Exhibit P5.
Judge: Allowed and noted.
Haji Ansari: Please inform the court what are these letters(item)?
CKK: Letter from the consultant.
Haji Ansari: Can I have these marked.. pages 6 until 9 of PBD1.
Judge: Letter of approval Exhibit P6 a, b ,c and d.
Haji Ansari: Can you look at page 6: Can you find any department that objects to the project?
CKK: None.
Haji Ansari: Tan Sri, I would like to refer you to pages 10 to 11 of Exhibit. Can u inform the court what are these documents? These documents are also agreed My Lady.
CKK: These are the payments agreed by the local authority in respect of the approval given.
Haji Ansari: Asked for documents to be marked as P7- page 10 And P8 at page 11 accordingly. And the receipts as 8A and 8B respectively on both pages 10 and 11 of PBD1.
Judge: Noted.
Haji Ansari: Can you turn back to P7. Reads.. page 10. The third paragraph.. "kebenaran diberi untuk memulakan projek" and insurance pekerja? Is did the foundation took a policy insurance for the all the workers?
CKK: Yes
Haji Ansari: Was there any other condition imposed by the 4th Defendant before the foundation is to commence the work?
CKK: Yes.
Haji Ansari: It was stated at page 25 (b) of the statement of defence i.e the plaintiff had commence work prior to fulfilling all the conditions imposed to the foundation. What is your line of defence to this?
CKK: YA, those conditions as appeared in the letter of approval were not conditions for approval. There are no more conditions imposed by any local authority.
Haji Ansari: At the point of the making the payment and 4th defendant given the approval, 9th February 2006, did anyone inform u of any public disapproval?
CKK: None.
Court: Adjourned to 2 pm.
Haji Ansari Much obliged.
Afternoon sessions
2.10 pm 13th January 2009.
Haji Ansari: My last question was.... my 1st question for the evening. How would you describe your relationship with the first Defendant as of 1st February 2006.?
CKK: He took over as Chief Minister at 2003 our relationship was good. At the beginning of 2005 and 2006 the relationship start to turn sour. Because towards the end of 2005 I started to meet him to query the series of contracts and projects under the preview of my ministry. Whereby these projects were awarded by the State ministry of finance without tender and the courtesy to refer to me as the minister in charge.
Haji Ansari: Did anything out of the ordinary occurred in the mid of February 2006?.
CKK: That was the sipadan case incident involving a .. that Sipadan incident created attention not only nation wide but world wide due to the diving world. That was the incident which made me and 1st Defendant's relationship sour.
Haji Ansari: Item 54 to 57 of PBD2 i.e pages 87 can you tell the court what are these documents?
CKK: there were news and news items on the story of Sipadan. That result in the consequential sour relationship.
Haji Ansari: What was the reaction of the PM towards the batch Sipadan Incident?
CKK: To my regret very critical of the Chief Minister resulting in instruction to remove the director of the parks.
Haji Ansari: Did you follow the directive of the minister?
CKK: No. And I told him that the problem was actually caused by the finance ministry that caused the parks to go to Sipadan Island.
Haji Ansari: Can you refer to bundle PBD2 at page 77 to 78. The letter attributed to you from Bernama dated 18th May 2006.
CKK: It was my statement. Also reported in local paper.
Haji Ansari: After Bernama there was another article- divers... Chong Kah Kiat acted angrily towards the damage.Is that your statement?
CKK:Yes. It was also reported in the local media.
Haji Ansari: How about the statement 22nd May? Tourism minister saying that the batch material was carrying tourist material to the area?
CKK: Not the whole article reported. Only the paragraph.
Haji Ansari: Finally page 82, does it record your statement as well?
CKK: It contains part of the statement that I made.
Haji Ansari: I would like to mark item 54 and 55 as exhibits. They are the disputed bundle.
Attorney General: I would like to dispute the admission of these items.
Haji Ansari: I am applying for the whole documents to be admitted under section 90 A of the Evidence A including those not attributed by the Plaintiff since they are relevant under section 6 of the Act as forming part of the transaction. Taking just the part of the Article would not give the whole picture. And the plaintiff had testified that this first article is the one is that had highlighted the matter (Sipadan Batch) to the world. Written by Reporter of Finns Magazine a diver known as.. Ferrari.
Judge: How would you like to section 6?
Haji Ansari: We are not depending on the truth of the statement but the fact that it was made. It comes under the exception to the rule of evidence.
Judge: under what?
Haji Ansari: With that i would like item 54 to 55 to be marked in so far as to the statement that were not made by the Plaintiff as exhibits pertaining to the fact that it were made but not as to the truth of its contents.
Judge: item 54 marked as Exhibit P9
Item 55 marked as Exhibit P10
Item marked as Exhibit P11
Pages 84 to 85 as exhibit P12.
Haji Ansari: Item 58 to 64.. as to the fact that the statement was made not as to the truth of its contents.
Item 58: Exhibit P13
Item 59: Ex P14
Item 60 : Ex P16
Item 61: Ex P17
Haji Ansari: Besides the instructions to remove Encik Ramli as head of the Sabah Parks, were there any other differences between you and the CM regarding the Sipadan incident?
CKK: Yes. There was. Concerning the project itself that was awarded by the state ministry of finance. Which the CM denied the knowledge and subsequently denied the amount that was awarded in this contract. In my public disclosure as to the actual amount that was awarded by the head ministry of finance, this is well reported in the local media.
Haji Ansari: Can you refer to page 90 of the PBD2. Is this the article that you were referring to?
CKK: Yes.
Haji Ansari: Can you read which portion?
CKK: YA. Paragraph 2 of the report. Clearly Musa also ordered the batch to......and further down.. paragraph 6.. according to Musa, he last heard about the project 2 years ago for RM 2 million.. The rest YA. as reported in the earlier statement in the local media the project was in fact worth 5 million as against the CM claim of 2.6 million.
Haji Ansari: At this point of time, what was the status of the development in mid May 2006 when this incident happened?
CKK: We have already completed the pilling and 20 feet platform and starting to mobilize the crafted statute in assembly.
Haji Ansari: What was the amount that had been spent by the foundation at mid may 2006?
CKK: YA we have 408 pieces of granite stones in 21 containers then already in Kota Kinabalu to be transported to Kudat for assembly. The cost of the granite pieces cost us in Remnibi: 2.5 million which is equivalent to RM1.5 million. The freight charges including the custom duties cost us RM365,000. And we spent just over RM1 million for the pilling works together with the platform. That is the item we spent so far.
Haji Ansari: Can u refer to pages 18 and 19 of PBD1. Letter dated 21 May 2006. This is the approval for visa. Question is: When was the date of assembly set for?
CKK: The 13 craftsmen that we employ from China had obtained their visa on the 23rd May 2006. The assembly is supposed to commence as soon as the craftsmen obtained their visa.
Haji Ansari: What is the relationship of the company key summit Sdn Bhd with the Foundation? Refer to page 18 and 19 of the bundle.
CKK: They are all local contractors. They are the contractors who did the pilling works.
Haji Ansari: May i apply for pages 18 and 19 to be marked as Exhibit.
Judge: No Objection.
Exhibit P20 page 18.
Haji Ansari: Refer to page 20. When did you receive this letter?
CKK: This letter was first faxed to my house by the executive officer of the 4th Defendant on the same day.
Haji Ansari: What was your reaction when you receive this letter from the Defendant?
CKK:I was shocked. Taken aback.
Haji Ansari: I read the Letter. Did you call the minister of local housing or meet the minister of housing to verify the letter?
CKK: I did not call or meet the minister of local Housing. What I did was to see the CM himself a few days after I received this letter in the CM's office.
Haji Ansari: When you went to see the chief minister, what transpired during the meeting?
CKK: I remember YA. He was in his temporary office. I showed him the letter and asked him how could this happened? What have I done wrong?
Haji Ansari: What was his reply?
CKK: He said Perhubungan Umno objected.
Haji Ansari: Did you try to reason out with him?
CKK: I did YA. I told him that this is a private project on a private land and funded by donation and it was properly approved by the local authority. I told him that as the chief minister and the Head of Sabah that they had no right to object and interfere in a private project. Subsequently I found out that the Umno Perhubungan had never objected to my project.
Haji Ansari: May I apply for the item 8 at page 20 to be marked as Exhibit.
Judge: Item 8 at page 20 to be marked as Ex P21.
Haji Ansari: Can you refer to documents at page 12 to 17 of PBD1 i.e items 5 and 6. what does it show?
CKK: The location of the Statue project. The container which contained the granite stone, the face of the goddess of the sea as well as the hand.
Haji Ansari: May I apply for item 5 and item 6 to be marked as exhibits.
Judge: Are these agreed bundle?
Haji Ansari: Yes. Not disputed bundle. Item 5 is Exhibit P22 and Item 6 Exhibit 23.
Haji Ansari: When was this letter first brought to your attention?
CKK: By Mr Arif Abudullah who consequently fax the letter to me?
Haji Ansari : What was your reaction:
CKK: Disbelief. I was taken aback.
Haji Ansari: This letter stated that the subject was in malay "pembinaan patung Buddha berdekatan dengan Masjid As-Syakirin? Was the statue correctly describe as a buddist statue?
CKK: Not correct.
Haji Ansari: The heading also said that it was near masjid Asy-Shkirin. Between the Statute and the mosque?
CKK:I disagree. As i said earlier. It was more than half a kilometer away. I.e 700 meters.
Haji Ansari: Were you concerned b4 construction of the project started about the proximity to the mosque?
CKK: YA. In fact not only me but members of the foundation of the existence of the Asy-Syakirin Mosque.
Haji Ansari: Yes Tan Sri. The second paragraph.. "beberapa pihak telah mengemukakan beberapa bantahan agar pembinaan patung diletakkan ke tempat lain". When you read this letter. Do you know who are these people? The identity of this people?
CKK: At that time I was still the assembly man of Kudat and the deputy chief minister. And when the foundation work was in progress that year, I frequent few times a week and there have never been any indication of anyone in Kudat to my project.
Haji Ansari: May I apply as this document PBD1 page 21 as Exhibit P24.
Judge: What is the marking?
Interpreter: Ex P24.
Haji Ansari: Tan Sri in your experience was there any incident where any public safety was affected due to this project in Kudat.
CKK: YA, not just in Kudat but in the whole country there has not been a question of proximity. We always pride ourselves in Malaysia.
Hj: Can you refer to PBD1 item 20 page 33.....what is this?
CKK: The photo shows the Chinese Temple right to the mosque in Kudat known as the kg Air mosque. Which was for many years the principle mosque of Kudat town. The proximity between the temple and the mosque is less than 100 years and we did not have any problem over the last 50 years.
Haji Ansari: May I apply for this photo to be marked as exhibit. Item 20, page 33 PBD(I)?
Judge: No objection. Hang on item 20 of PBD (I) item 20 marked as Exhibit P25.
Haji Ansari: Apply for the marking of item 24, item 25, item 26, item 27 and item 28 on the same subject on the proximity of other mosque with the places of other worships.
JUDGE: P26- item 24, P31
Haji Ansari: Refer to item 19 of the same bundle- PBD1 page 32. What does it show and how did it come to be taken?
CKK: YA. When I was the assemblyman for Kudat, I always joined the local muslim leaders in Kudat for 'Buka Puasa'. This muslim leaders were mostly from the local Umno leadership together with the head village. The picture was taken before buka puasa 2007 where these leaders were very close to me and very concerned as to when I was able to continue to mm statute project. I invited them to the site b4 we had our buka puasa dinner next door.
Haji Ansari: May we marked the Exhibit 31 at page 32 of PBD1 ie item 19. I refer you now to pages 22 to 23 of the same bundle.. this are also agreed bundles. One is a letter from the 2nd Defendant and one is from the 3rd Defendant. My question is on page 22 PBD1.
Haji Ansari: Were you still the member of the sabah state cabinet? (Date: 2006).
CKK:yes.
Haji Ansari: Are you aware of any decision albeit resolution being made by the state assembly for the project to be stopped.
CKK: This statue project was never raised in any of the state cabinet meeting for the simple reason that it was a private project.
Haji Ansari: What was your reaction when u first saw the letter?
CKK: The same reaction i felt for the two letters.
Haji Ansari: May I have the letter sent by KY Mustpha i.e item 10 page 22 marked as an Exhibit P32.
Haji Ansari: The letter regarding the buddist statue... do you at this point of time know of any objection based on religious beliefs to the construction of the statute? Were u aware?
CKK: I was not aware of any objection based on that ground.
Haji Ansari: On the ground of religious beliefs?
CKK: Yes.
Haji Ansari: Can You refer to the next page: Did you receive this letter?
CKK: Yes. Enclose a letter from the state secretary P32.
Haji Ansari: May I apply for Exhibit PBD1 at page to be marked as Exhibit 33
Judge: Allowed
Haji Ansari: Please refer to page 44 to 45 at PBD(I). Was your attention drawn to these two letters?
CKK: Yes. YA I received these two letters. It concerned my station.
Haji Ansari: What was your reaction when u received these two letters from the 4Th Defendant?
CKK: Disbelief.
Haji Ansari: Why?
CKK: I was shocked and questioning that my private project has to concern the state mufti.
Haji Ansari: Anything else?
CKK: I took both letters to Kuala Lumpur and showed it to some of my friends in the UMno Leadership at the Federal?
Haji Ansari: What was your motive?
CKK: To ask why my project has anything to do with the state mufti?
Haji Ansari: What did they say to you?
CKK: It cannot be fatwa because fatwa only concern muslims and that my project is of no concern to anyone.
Haji Ansari :May I apply for these letters to be marked as Exhibit?
Judge: any objection?
Attorney General: No objection. Only as to the contents.
Judge: Item 12 and 13 of PBD(I).
Haji Ansari: Yes My Lady. Ex P34 item 12 and Ex P35 for item 13 respectively. To your knowledge are there any patung or statute found in Sabah especially those built near public roads?
CKK: YA there are plenty. I have given the 1st Defendant an album when i met him.
Haji Ansari: Im showing the witness item 21, 22 and 23 of PBD1. Can you conform that these are part of the patung built near the roads in Sabah?
CKK: That's correct.
Haji Ansari: How far is the Patung Tunku Abdul Rahman located next to Sabah State mosque?
CKK: Along the main road of Jalan Penanmpang.
Haji Ansari: May I apply for item 21 to 23 at pages 24 to 26 to be marked as exhibits.
Judge: Ex P36 P37 And P8 accordingly.
Judge: Its 5 pm I thought we should stop.
Judge: Adjourned till 9.00 am tomorrow.
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