Anwar refused to accept subpoena, court told
Thursday, March 29, 2012 - 20:56
Counsel D. Paramalingam said he would try again to serve the subpoena on the Opposition Leader and if that too, failed, he would ask for a court order to compel Anwar to attend court.
Anwar was subpoenaed to testify as the defendant's witness in the ongoing trial of the civil action over a RM445-million syndicated loan facility in 1997 when he was finance minister.
Hong Leong Bank Berhad chairman Tan Sri Quek Leng Chan was also subpoenaed to be the defendant's witness. The defendant is businessman Low Thiam Hoe.
High Court Judicial Commissioner Hadhariah Syed Ismail fixed April 6 to hear Quek's application to set aside the subpoena.
In 1998, Hong Leong Finance Berhad (HLFB) filed the suit against Low for failure to repay a RM28 million loan to the bank.
The following year, Low filed a counter-claim against HLFB, HLG Capital Markets Sdn Bhd and Seow Lun Hoo, who was Hong Leong Credit Berhad's former chief executive officer, seeking general damages for wrongful and negligent advice.
At today's proceedings, Low testified that sometime in March 1997, two individuals, namely Hamzah Harun and Mohd Faiz Abdullah, from a company, Arus Murni Sdn Bhd, told him they were principals acting on behalf of Anwar and Quek.
He said Hamzah and Mohd Faiz told him about a deal to acquire a financial institution, Kewangan Bersatu Berhad (KBB).
"In other words, the other individuals and I would be nominees for these principals in this deal. Based on this representation, I agreed to be a nominee for the syndicated loan transaction," he said.
Asked by his counsel, Paramalingam, who Mohd Faiz Abdullah was, Low said he was Anwar's speech writer.
Asked again by Paramalingam who the other individuals and companies that would be nominees, Low said they were Arus Murni Sdn Bhd, Hood Osman, Nik Hussain Nik Mohamed and Mekuritek Sdn Bhd, adding that from what he knew, they were "Anwar's cronies".
He said he did not apply for the loan as the entire issue was arranged by Hong Leong's representative, namely Seow Lun Hoo.
Low also told the court that he was informed by Seow that Quek had directed the loan be approved.
He said the syndicated loans were also given to the other nominees, as well, to reach the plaintiff's (HLFB) target of RM445 million for the acquisition of KBB.
Cross-examined by counsel Andrew Chiew, representing HLFB, Low denied he had made allegations against Anwar and Quek over the deal to acquire KBB.
Questioned further, he said he did not check the facts over the deal by Hamzah and Mohd Faiz, with Anwar and Quek, as he believed whatever the duo had informed him.
The hearing continues on April 12.