RM445m suit: Anwar rejects subpoena

Lawyers for the defendant may apply for a warrant of arrest.

KUALA LUMPUR: Opposition Leader Anwar Ibrahim had refused to accept a subpoena compelling him to turn up in court over the case of businessman Low Thiam Hoe, who is being sued by Hong Leong Finance Bhd (HLFB) over a breach of repayment suit involving RM445 million syndicated loans given in 1997, the High Court here was told today.

Low’s lawyer D Paramalingam said an attempt was made to serve the subpoena on Anwar yesterday, but failed. This was the second attempt this week.

“We tried to serve it on Anwar at Parliament yesterday evening but he refused to accept it. We will now move the court to give the necessary orders,” Paramalingam said.

It is learnt that if Anwar continues avoiding the subpoena, Low’s lawyers may apply for a warrant of arrest.

The court will decide on April 6 on an application by HLFB’s lawyers to set aside two of the subpoenas the court has issued – on Anwar and HLFB executive chairman Quek Leng Chan.

Aside from Quek and Anwar, Low’s defence had also last week obtained the subpoenas for Mohd Faiz Abdullah, who was Anwar’s speech writer, and Hamzah Harun – both former director and shareholder of Arus Murni Sdn Bhd.

HLFB’s lawyer Andrew Chiew today argued that it was “almost vexatious” to call Quek and Anwar as witnesses as they were “nowhere close” to the case and none of the evidence heard today shows that the two had any value to add to the case.

On March 19, the presiding judge Hadhariah Syed Ismail dismissed Low’s application to amend his defence statement to include Anwar as “the person behind the deal”.

In rejecting his application, Hadhariah said it was made at the “eleventh hour” and had come too late in the course of the trial.

However, the court had last week allowed the defence to subpoena the four individuals. Six witnesses of the plaintiff had already taken the stand.

In 1998, Hong Leong Finance filed a suit against Low, Mekuritek Sdn Bhd and Arus Murni over non-payment of the syndicated loans amounting to RM445 million.

The loans were given to the parties in a bid to acquire financial institution Arus Murni Corporation Bhd (AMCB) which owns Kewangan Bersatu Bhd (KBB). Each defendant was sued for over RM28 million plus interest for the non-repayment of the loans.

In 1999, Low filed a counter-claim against HLFB, HLG Capital Markets Sdn Bhd and Hong Leong Credit Bhd’s former CEO Seow Lun Hoo asking for damages for alleged wrongful or negligent advice.

Hong Leong also filed another suit against Mekuritek and three guarantors – Hussin Abdul Karim, Agus Salim Mohd Dom and Abdullah Abd Karim Bajerai – as defendants for a similar claim of RM28 million.

Friendly loan

Hamzah had taken the stand after the court heard from Low earlier in the morning.

He told the court that Hong Leong initiated legal proceedings to remove all the directors of AMCB right after the sacking of Anwar in 1998. (Anwar was then the deputy prime minister and finance minister.)

Paramalingam: Did HLFB finally acquire KBB?

Hamzah: No

Paramalingam: Nothing happened?

Hamzah: Nothing happened until September 1998.

Paramalingam: What happened in September 1998?

Hamzah: The sacking of Anwar Ibrahim.

Hamzah also told the court this syndicated loan was a “friendly loan” which was arranged by Hong Leong Credit Bhd’s former CEO Seow Lun Hoo.

He also said that there were no credit assessments on himself and other nominees before the loans were given.

Hamzah also said that when HLFB issued a margin call notice in December 1997, the borrowers decided to ignore it as Seow had said it was “all right”.

Hamzah also claimed that Seow had told him that “we have to get out of this together” as well.

Chiew, during cross-examination, suggested that it was impossible that seven different banks had given syndicated loans without considering the borrower’s credentials or doing a credit check.

However, Hamzah said: “It is possible, sometimes banks just rely on another bank’s assessments.”