PKA's Phang has to bear damages on her own

Former Port Klang Authority (PKA) general manager OC Phang will have to bear on her own the damages ordered by the court to be paid by her to the authority.

This after Shah Alam High Court Justice M Gunalan dismissed her application to bring in the former PKA directors as part of her third-party claimants.

Justice Gunalan made the order after hearing submissions on the matter this afternoon.

Lawyer Nimalan Devaraja, acting for PKA along with Lim Chee Wee and Khoo Guan Huat confirmed the decision when contacted.

It was reported on Sept 24 that Justice Gunalan found Phang liablefor damages after disagreeing with her that she had no case to answer.

The judge also ruled then that Phang committed 11 out of the 15 purported breaches.

He added in his decision last month that the crux of PKA's case was unrebutted in view of Phang's failure to call important and pivotal witnesses, such as the transport minister.

This to prove that she was merely acting on the instructions of the Transport Ministry, Finance Ministry and the prime minister in executing her functions and the various agreements (except the first) without first referring to the PKA board of directors for approval.

The judge concurred with PKA's contention that it being a statutory body, Phang owed her duties to PKA as its general manager, and as such, cannot in law bypass the board of directors and rely solely on sanctions of the Transport Ministry, Finance Ministry and the prime minister to enter into the agreements which were binding on PKA.

"It is erroneous for Phang to contend that the Treasury guidelines were not binding or applicable to her or that she had not known of the same. Phang cannot in principle rely solely on the protection of the Transport Ministry for her actions," Justice Gunalan said.

PKFZ initiative

It was previously reported that tycoon Westports (M) Sdn Bhd's G Gnanalingam, former ministers Ting Chew Peh and Chor Chee Heung had been brought in as third- party claimants by Phang along with 20 others after the apex court decision last year.

The others are Abdul Rahman Palil, Abdul Rahman Mohd Noor, Zubir Abd Aziz, Choong Two Chong, Abdul Rahman Mokti, Dr Abd Munit Kasmin, Yap Pian Hon, Ahmad Bhari Abd Rahman, Loh Chew June, V Ravindran, Muhammad Safaruddin Muhd Sidek, Nor Rizan Mohd Thani, Shamsul Azri Abu Bakar, K Tarmalingam, Tan Boon Suan, Mohamad Nor Taib, Mohd Zainuddin Ahmad Rasidi, Noordin Sulaiman, Zakaria Bahari, Lim Yuk Hwa and Mohd Sinon Mudzakir.

Phang who was represented by Matthew Thomas Philp, Lavinia Kumaraendran and Mavinthra Jothy and Joshua Goh.

PKA had filed a suit against Phang for criminal breach of trust and breach of fiduciary duties over transforming Port Klang into a national load centre and regional transhipment hub under the Port Klang Free Zone (PKFZ) initiative. - Mkini