4 theSun
news without borders
A-G may propose
amendments
to Land Code
PUTRAJAYA: The Attorney-General’s Chambers
may propose an amendments to the National
Land Code to curb fraudulent land transfers, the
Federal Court heard yesterday.
This was in light of the Federal Court ruling
in the case of Adorna Properties Sdn Bhd vs
Boonsoom Boonyanit @ Sun Yok Eng in 2001 that
a land purchaser had bought a good title even if
there was forgery involved in the transfer, as he
had bought the property in good faith.
The head of the Civil Division in the A-G’s
Chambers, See Mee Chun, said the apex court’s
decision in the matter would have an impact
on the approach it would take in proposing to
amending the National Land Code.
In a rare move, all parties in the appeal in a
property matter involving Tan Ying Hong and Tan
Sian San, Cini Timber Industries Sdn Bhd and
United Malayan Banking Corporation Bhd had
called on the Federal Court to revisit and overrule
the Adorna Properties authority.
The section in question is Section 340 (3) of
the codem which deals with the indefeasibility
of land title.
The Federal Court’s binding decision that
Adorna had obtained an indefeasible title not-
withstanding the forgery because it was a bona
fide purchaser has been criticised by lawyers and
academics.
The A-G’s Chambers appeared as amicus
curiae (friend of the court) and Roger Tan held a
watching brief for the Bar Council.
Ying Hong was represented by counsel T.
Muraju, and the defendants by counsel Datuk
Bastian Pius Vendargon. – Bernama
Court allows Khalid to suspend payment order
KUALA LUMPUR: The High Court here yesterday
granted Selangor Mentri Besar Tan Sri Abdul Kha-
lid Ibrahim’s application to suspend an order to
pay Bank Islam Malaysia Berhad (BIMB) RM66.67
million pending the trial of his suit against the
bank, set for early February.
Justice Datuk Rohana Yusuf made the deci-
sion in chambers after hearing submissions from
both parties.
Abdul Khalid was ordered by the court on
Aug 21 to pay the amount to BIMB for a loan
he had taken to buy shares in Guthrie Berhad in
2001 when he was the chief executive officer of
the company, after the court allowed the bank’s
Manohara given until
Nov 5 to appoint lawyer
KUALA LUMPUR: Manohara Odelia Pi-
not, the estranged wife of the Tengku Te-
menggong of Kelantan, and her mother
have been given until Nov 5 by the High
Court here to appoint a lawyer, failing
Family which a judgment in default would be
members made in the RM105 million defamation
and friends suit brought against them by the prince.
of Diryasree Lawyer Mohd Haaziq Pillay, who
grieve on represents Tengku Muhammad Fakhry
the arrival of Sultan Ismail Petra, told reporters the date
her body was fixed by Senior Assistant Registrar
at her house Shazali Hidayat Shariff in chambers.
in Taman “To give justice to the defendants, we
Changkat requested the court to give them until
Golf, Gopeng Nov 5 to appoint their lawyer,” he said.
yesterday
Body of third victim recovered
KAMPAR: The body of the last of the three victims
of Monday’s bridge collapse in Sungai Kampar here
was found yesterday.
Kampar OCPD Supt Aziz Yusof said the body
of Diryasree Vasudevan, 12, of SJKT Gopeng, was
found at 10.45am near Tronoh Mines in Sungai
Kinta, 25km from the scene of the collapse.
On Wednesday night, the body of another
schoolgirl, Davadharshini Maheswaran, who was
swept away by strong currents when the suspen-
sion bridge collapsed into the Kampar River, was
found.
Aziz said the body of Davadharshini, 11, of SJKT
Mambang Diawan, was found floating near the Mat
Selangor Bridge in Tanjung Tualang, 15km from the
scene, by Rela members at 11.30pm.
Both bodies had been sent to Kampar Hospital
for a post-mortem.
| FRIDAY OCTOBER 30 2009
application for a summary judgment.
Abdul Khalid is also appealing against the
order at the Court of Appeal but no date has
been fixed.
His counsel, Malik Imtiaz Sarwar, told report-
ers he had submitted that the court should grant
the stay application pending the outcome of the
full trial of Abdul Khalid’s suit against the bank
because it involved his client’s reputation as if
he was unable to pay the amount.
N. Ganesan, counsel for the bank, submitted
that the order was on the money judgment and
not on his reputation.
Abdul Khalid filed the suit on May 18, 2007,
“All the documents on the case have
been handed to the two defendants. If
they still fail to appoint a lawyer by that
date, the court will issue a judgment in
default against them.”
Haaziq said yesterday’s hearing in
chambers was to ascertain that the former
lawyers appointed by Manohara and her
mother, Daisy Fajarina, had handed their
notice of withdrawal to the defendants
who were now in Indonesia.
On Oct 12, Messrs Fakrul Hisham
Abdullah & Associates obtained an order
from the High Court to discharge them-
selvesitself from representing Manohara
and Daisy.
Rescue workers recovered the body of the first
victim, N. Dina Deva, 11, of SJKT Mambang Di Awan,
at 8.40am on Tuesday in Kampung Pasir, about 2km
downstream from the scene of the tragedy in Kuala
Dipang.
Twenty-two pupils were on the newly-built
suspension bridge when it collapsed on Monday
night. Nineteen were rescued and the three victims
were swept away by the swift currents.
The group was among 298 pupils from 60
schools in Kampar, Tronoh and Batu Gajah taking
part in a 1Malaysia camp organised by the South
Kinta District Education Department.
Deputy Prime Minister Tan Sri Muhyiddin Yassin,
who is also the education minister, has ordered a
committee headed by Education Director-General
Tan Sri Alimuddin Mohd Dom to investigate the
incident. – Bernama
claiming that there was a wrongful sale of his
shares in Guthrie under an Al-Bai Bithaman Ajil
(BBA) loan facility dated April 30, 2001.
He is seeking a declaration that there was a
collateral contract between him and the bank
relating to the BBA loan facility.
Abdul Khalid, who was Guthrie’s group CEO
from 1995 to 2003, is also seeking damages from
BIMB.
BIMB filed a counter-suit to recover the
amount on May 24, 2007, claiming that the Al-Bai
Bithaman Ajil agreement had been breached
following Abdul Khalid’s failure to repay the loan.
– Bernama
In the suit filed on July 20, the Kelan-
tan prince is suing his wife and mother-
in law, claiming that they had falsely and
maliciously defamed him in allegations
they made at news conferences between
April and June about Manohara being
abused.
Besides the defamation suit, the
prince had filed two other suits against
Manohara and her mother – one, for his
estranged wife to return to him, and the
other for them to pay him nearly RM1
million which he claimed they owed
him. Until today, Manohara and Daisy
have yet to reply to Tengku Muhammad
Fakhry’s claims. – Bernama
briefs
Robbers hack technician
to death
SUNGAI PETANI: A technician who put up a
fight with five robbers armed with machetes
was hacked to death at his bungalow on
Jalan Bakar Sampah here on Wednesday
night.
A. Appanaidu, 47, who took on the
intruders single-handedly when they broke
into his home at about 9pm, sustained slash
wounds on his hands and body.
Appanaidu, who worked at a factory, died
about 30 minutes later.
His wife, M. Manimalar, 42, said the
intruders, who were armed with machetes,
broke into the house while the family, includ-
ing their three daughters, in their 20s, were
resting in the living room.
“They ordered my husband to open the
safe deposit box in the master-bedroom,”
she said.
Manimalar said the men escaped with
the safe deposit box containing cash and
jewellery, and drove away her husband’s car,
a Proton Persona. – Bernama
20 foreigners without
documents detained
PETALING JAYA: Twenty foreign nationals,
comprising Indonesians and Bangladeshi,
including two women, were rounded up
by the police in an operation here early
yesterday.
The officer-in-charge of the Sea Park
police station, Chief Insp Mohd Sahar
Mohd Yunus, said the foreigners were
detained because they did not possess
valid documents.
They were detained in a two-hour
operation, which began at 12.30am at
the Damansara Bistari flats and a kongsi
area at Section 19 here.
He said they would be sent to the
KLIA Immigration detention depot for
further action. – Bernama