TAWAU: The seventh day of the civil trial involving AuMas Resources Berhad (formerly known as Bahvest Resources Berhad) saw the continuation of the cross-examination of the plaintiff’s first witness (PW1), former AuMas Chief Executive Officer Chong Tzu Khen, over a RM20.4 million claim before Judicial Commissioner Steve Ritikos at the High Court here today.
The proceedings focused on four letters forming the basis of the claim, with questions from defence counsel (DC) Andy Tay centred on the authenticity of the documents, the timeline of receipt, and prior public disclosures.
Chong agreed that he only saw the four letters in July 2023 and acknowledged that there was no forensic report or official finding declaring the documents to be forged. He also confirmed that the letters had been disclosed to the public through announcements to Bursa Malaysia before July 2023.
Key questions and answers during the cross-examination included:
DC: When did you first see these letters, date please?
PW1: Sometimes in July 2023.
DC: You confirmed the date in July 2023?
PW1: Yes.
DC: You have not obtained any forensic report concluding those letters are forged and you have not produced any expert evidence confirming forgery, correct?
PW1: I agree. But… (“But…” the witness means he will respond in writing later)
DC: There is no official finding that those letters are forged, agree?
PW1: I agree. But…
DC: These letters were announced to the public via Bursa Malaysia before July 2023 (Enclosure 135 CBOD Part B vol 3 pages 833-836, 850-853, 854-857 and 858-859), agree?
PW1: I agree. But…
DC: When did you become a director of Bahvest, date please?
PW1: On 26 May 2023.
DC: By becoming a director of Bahvest, you had knowledge of these letters before July 2023, correct?
PW1: I only knew there were announcements on the RM20.4 million demand by Southsea Gold.
DC: This RM20.4 million is an eye-catching figure to you. Is it not a substantial amount that a reasonable person would proceed further to read the basis of the claim, agree or not?
PW1: I agree. But there were temporary resolutions for a non-refundable deposit of RM13 million to be settled in two tranches. The first payment of RM6 million was made on 10 May 2023 and the balance of RM7 million to be paid on or before the end of May 2023.
DC: By your detailed answer above, do you agree with me that you actually read all the announcements and understand inside out the whole RM20.4 million demand related to the four letters and the subsequent settlement, agree?
PW1: I agree. But…
The court also examined issues surrounding the earlier acquisition of Wullersdorf Resources Sdn Bhd, including a Letter of Consent dated 18 September 2015, which was appended to a circular to shareholders dated 28 December 2016 and made publicly accessible.
Chong agreed there was no deliberate concealment of the letter and that no document had been produced in court stating that it was an official pre-condition to the acquisition.
The plaintiffs, AuMas/Bahvest and Wullersdorf Resources Sdn Bhd, are represented by Norbert Yapp & Associates and Azimi Yahya, while the defendants are represented by Andy Tay & Associates together with Lawrence Chai and Peter Soong & Partners.
The proceedings were adjourned and will resume tomorrow.
