Lawyer Lim Chee Wee today told a three-member bench chaired by Hamid Sultan Abu Backer that the AGC had written to his client, Ikram Anggun Sdn Bhd, two months ago saying it would not participate in the proceedings.
Hamid had on Feb 22 adjourned the case to allow Ikram Anggun and Permodalan Negeri Selangor Bhd to submit the required papers on the AGC’s presence in court.
“We would like a senior member from the AGC to address the court on whether such a contract should be recognised on public policy grounds related to exchequer principles,” he said.
Hamid, who sat again with Hanipah Farikullah and Kamaludin Md Said today, said the bench had expected the AGC to assist the court on these principles.
“We are not busybodies,” he said. “Their refusal to be present will not stop us from engaging others here to assist us in this appeal.”
He said Ikram Anggun had conceded that it had not done any work and yet wanted to collect RM35 million as compensation from the state authorities.
“The government can’t give a contract and revoke it,” he said. “We are duty-bound to inquire into the matter due to the constitutional oath we have taken.”
He added that such cases are rampant and could be seen as “a bigger scandal than 1MDB”.
Kamaludin agreed that the bench has no personal interest in the matter and is acting based on a Federal Court ruling.
Ikram Anggun previously filed a motion to recuse the three judges on grounds of prejudice and bias.
The motion was based on Hamid’s remark in open court on Feb 22 that allowing Ikram Anggun’s appeal on damages would shortchange the state government.
Two weeks earlier, Hamid in an explosive affidavit claimed that certain members of the judiciary had been aiding private parties to defraud the government.
Hamid alleged that the act of defrauding was done through nominees of politicians creating contracts with the government.
Once the government reneged on the contract, he alleged the private parties would take it to court in order to claim compensation.
Speaking today, Hamid said these were not grounds to disqualify the bench members.
He suggested that Lim instruct his client to write to Court of Appeal president Ahmad Maarop asking for another bench to hear the appeal.
Lawyer Kamaruzaman Arif, who represented Permodalan Negeri Selangor, said the appeal should be heard and that Ikram Anggun should withdraw the recusal application.
“Otherwise, this will give a blanket licence to parties to change judges,” he said.
However, the bench dismissed the suggestion and urged Ikram Anggun to meet with Ahmad.
Next case management has been fixed on Aug 8.
Ikram Anggun and Permodalan Negeri Selangor entered into an agreement in 2003 to build residential units and an institutional centre in Sungai Buloh.
However, the agreement was discontinued in 2008 and Ikram Anggun filed a suit for unlawful termination.
The Shah Alam High Court dismissed the suit in 2013. However, the decision was reversed by a Court of Appeal in 2015.
The High Court registrar only awarded RM50,000 in nominal damages but the amount was raised to RM100,000 by a judge.
The developer has filed an appeal in the Court of Appeal on quantum, seeking RM35 million with interest and costs for loss of profit.