Chartered arbitrator to enter defence for cheating KLRCA

Judge says accused failed to inform KLRCA of his conflict and interest before signing 'Statement of Independence' on his appointment as an arbitrator.

KUALA LUMPUR: The Sessions Court here today ordered a chartered arbitrator, Yusof Holmes Abdullah, to enter his defence on a charge of cheating a director of the Kuala Lumpur Regional Centre for Arbitration (KLRCA) five years ago.

Judge Mohd Nasir Nordin made the decision after finding the prosecution, conducted by deputy public prosecutor Hanim Mohd Rashid, had established a prima facie case against Yusof Holmes, 71, at the end of the prosecution case.

In the judgment, Mohd Nasir said the accused failed to inform KLRCA of his conflict and interest before signing the ‘Statement of Independence’ on his appointment as an arbitrator between JMR Construction Sdn Bhd and Nanjing Changjiang Waterway Engineering Bureau.

He said the court was satisfied with the testimony of the defence witnesses, which was supported by evidence in the form of email communications between the accused and JMR Construction Sdn Bhd.

The court set March 14 to 18 to hear the defence by Yusof Holmes.

Yusof Holmes, a British citizen and married to a Malaysian woman, is represented by lawyers Cheow Wee and Alex De Silva.

On July 25, 2013, Yusof Holmes, who holds a Permanent Resident (PR) status in Malaysia, pleaded not guilty to the charge of deceiving the KLRCA director into believing that the ‘Statement of Independence’, dated January 18, 2010, which he (James Holmes) signed was true.

This prompted the KLRCA director to appoint him (Yusof Holmes) as an arbitrator in the dispute between JMR Construction Sdn Bhd and Nanjing Changjiang Waterway Engineering Bureau, which they would not have done, had they known the declaration was not true.

Yusof Holmes was charged with committing the offence at KLRCA here on January 25, 2010.

The charge, under Section 417 of the Penal Code, carries imprisonment for up to five years, or fine, or both, if found guilty.

He also faces an alternative charge with making a false statement in the declaration at the same place and time.

The charge, under Section 199 of the Penal Code, carries imprisonment for up to three years and a fine, if found guilty.

— BERNAMA