ALOR STAR: The High Court was informed today that the letter of a RM500,000 compound issued to the Menteri Besar Incorporated (MBI) on Oct 4, 2022, had been revoked as it was never issued to the state-owned company.
Former state Land and Mines Office (PTG) director Datuk Mohd Fauzi Mustaffa said the letter was disposed of after a man admitted that he was responsible for the theft of rare earth elements (REE) minerals in Kampung Chong, Sik, a day later.
"Yes, the letter did exist on Oct 4, 2022. I signed the letter. However, it was revoked on the same day.
"The letter was never sent to MBI after further investigation by the enforcement team revealed that a suspect had admitted to the theft.
"A new letter of compound was subsequently issued on Oct 5, 2022, to Ho Chung Ming," he informed the court.
Fauzi, who is currently the Deputy State Secretary, was testifying as a witness in Menteri Besar Datuk Seri Muhammad Sanusi Md Nor's defamation suit against Home Minister Datuk Seri Saifuddin Nasution Ismail.
Sanusi filed the writ of summons and statement of claim through Faizi and Associates at the Alor Star High Court on Aug 3, 2023.
He alleged that Saifuddin, also Pakatan Harapan secretary-general, defamed him by claiming he misused RM1.6 billion in Malaysian Road Record Information System (MARRIS) funds and accusing him, as the MBI chairman, of stealing REE minerals Kampung Chong, Sik.
According to the statement of claim, Saifuddin allegedly made defamatory statements during a speech at the Unity Tour Programme and the launch of the Kedah Unity Machinery event at Guar Chempedak public field in Yan on July 15, 2023, at 8.30pm.
The speech was part of a political campaign by PH and Barisan Nasional (BN) in the lead-up to the state elections in August.
Yesterday, Sanusi, who is also the Jeneri assemblyman, testified to the court that allegations made against him had significantly damaged his reputation and political standing.
In today's hearing, lawyer Navpreet Singh, who led Saifuddin's defence team, applied for the letter to be tendered as an exhibit.
However, the plaintiff's lead lawyer, Yusfarizal Yussof objected on grounds that the Oct 4 letter was never issued to MBI.
"I must object as the witness testimony clearly stated that the letter was never issued, and there is no record in the PTG Office. I believe a non-existent document should not be accepted as an exhibit in the court," he said.
Judge Datuk Dr John Lee Kien How @ Mohd Johan Lee subsequently ruled out the defence's application.
"My consideration on this is that the witness had stressed several times that the letter was revoked, and it does not exist in the office (PTG) record.
"Therefore, I don't see any reason why it should be marked as evident. It makes it even more complicated. I only allow it to remain as an ID (Identified Document) in the defence's submission," he said.
The court set May 11 for the trial to resume