KUALA LUMPUR (Oct 26): Berjaya Corp Bhd (BCorp) founder and adviser Tan Sri Vincent Tan has contended that Kedah Menteri Besar Datuk Seri Muhammad Sanusi Md Nor had full knowledge of the alleged defamatory statements he had made against the tycoon.

In his reply to Sanusi’s statement of defence in the RM200 million defamation suit filed by Tan, the businessman said that the fact that Sanusi had made these statements citing particulars showed that he had malice when he uttered the statements.

Tan and BCorp's unit Berjaya Land Bhd (BLand) are demanding a public apology and RM200 million in compensation from Sanusi over his remarks on the RM700 million project involving the rehabilitation of the Klang River.

Tan, whose lawyers filed the reply at the Shah Alam High Court, said Sanusi had knowledge of the full terms of BLand’s agreement with Landasan Lumayan Berjaya Sdn Bhd (LLBSB) for the Selangor Maritime Gateway project when he made the alleged defamatory statements at the Kedah state election campaign at Dataran Darulaman, Jitra, on Aug 2.

“The fact that Sanusi has knowledge of subscription and shareholders’ agreement dated Jan 27, 2021 entered into amongst LLBSB and BLand show that the defendant (Sanusi) has full knowledge and particulars that the oral defamatory statements are slanderous, false and disparaging of the plaintiffs,” the BCorp founder said in his statement of reply.

Sanusi, in his statement of defence, said his comments were taken out of context and denied making any defamatory remarks against Tan.

The PAS leader raised the defence of fair comment and qualified privilege in making the comments.

However, Tan has countered that by saying that Sanusi had failed to take responsible and fair steps to gather and verify the truth and true facts before making the alleged defamatory statements.

Tan further said that Sanusi failed to plead at all on what steps he has taken to gather and verify the truth and true facts before making the statements, and that the menteri besar had not cited sources for his information.

Tan claimed that Sanusi’s alleged defamatory comments implied that he is a corrupt person, corrupt businessman and a crony to Selangor Menteri Besar Datuk Seri Amirudin Shari.

Tan claimed that the comments implied that he had benefited directly or indirectly, or received for free a piece of 600-acre land from the Selangor government.

Tan further claimed that Sanusi’s comments implied that he had given benefits to the Selangor government for the land, and as such caused the state to incur losses of RM180 million.

“The defamatory statements were completely untrue, extreme, vile and specious/spurious, and had no basis whatsoever,” said Tan.

However, Sanusi claimed that the comments he made about the land are true, and that Tan and BLand are being given the land by the state government for a river project.

Sanusi said that as a member of the opposition Perikatan Nasional coalition, it is his duty to reveal issues of governance and leakages that took place within the administration held by members of the ruling coalitions, namely Pakatan Harapan and Barisan Nasional.

He claimed that he continued to make revelations of issues of governance and leakages despite attacks on him.

For the Selangor Maritime Gateway project, LLBSB was formed as a special purpose vehicle via a joint venture between Menteri Besar Selangor Incorporated’s subsidiary Landasan Lumayan Sdn Bhd (with a 45% stake) and Berjaya Hartanah Bhd (55%) to, among others, clean and develop the Klang River.

Tan’s lawyers explained that Tan and BLand were never awarded any land measuring 600 acres valued at RM10 billion as alleged by Sanusi.