Sunday, February 10, 2013

LOSING THE BATTLE AND WINNING THE WAR




From day one when the Prime Minister as Finance Minister I , Datuk Seri Najib Tun Razak ,  and Datuk Seri Haji Ahmad Husni Hanadzlah Finance Minister II found out that Injustice had been done( after Finance Minister II did extensive research into my case and found out that great Injustice had been done to me) and decided to correct it, the cards were stacked against me. Instead of doing a proper Settlement Agreement to return the building MARINARA to me, Danaharta’s lawyers Shook Lin & Bok insisted on a Sale and Purchase Agreement between Danaharta Hartanah Sdn Bhd and Hajjah Marina Yusoff. The original company Pekeliling Triangle Sdn Bhd was erased from record and memory. To date neither the original Special Administrators from Ernst and Young, Tan Eng Huat and two others, (who retired in December 2005) nor the so-called ‘Receivers” appointed in their place,  has ever made a proper  handover report or wound up the company. The Company seems to have disappeared into thin air. This is a clear cut case of abuse of power and non-accountability which should be looked into immediately after the General Elections by whichever party that  comes into power.

In the first “Sale and Purchase Agreement” which Shook Lin & Bok took their sweet time to prepare leaving me very little time raise the fund or sell the building. Despite that I managed to get Tabung Haji to agree to buy the building through the Minister Dato Jamil Khir. We shook on it.
I accordingly reported to Datuk Kamal of Danaharta that Tabung Haji had agreed to buy the building for RM300 million.  It seemed to shock them. Behind my back ‘Danaharta’ called Tabung Haji not to buy the building as it was ‘not in a good condition and they needed to ‘renovate it’. Thus the official letter which was supposed to confirm the agreement  turned out to be a letter that they did not wish to buy the building from me as they could go direct to Danaharta and buy it for only RM250 million.
Before I could get another buyer Danaharta started to demolish the apartments. I tried to stop them as my Arab buyer specially liked the apartments and wanted to buy the building with the apartments. All pleas not to demolish the Apartments were ignored. All my expensive furnishings and furniture were stolen. You can make a good guess who stole them.
When my potential buyers found out that the apartments had been demolished they withdrew from the scene. Other buyers were interested to see the building but were told it was under renovation and ‘ there is no CF to the buildin’g. The renovation and refurbishment was more than what they had intimated. The concept of “three in one” was completely destroyed and the ‘classic beauty’ of the building was destroyed.
Even though I was given another extension of time, it was frivolous as the “renovation” was still going on. When they got the CCC in October 2011 they gave me another three months extension. Being end of year and most top corporate leaders being on leave .  By the time they got round to make an offer , time had run out and no way would Danaharta extend the time. I had to write to Datuk Seri Najib and got an extension (it took a few months for the decision for the extension to be made).
 By the time I got the letter dated 12th October 2012 from Danaharta,  giving me until 31st  January 2013, they had already entered an Agreement with KP in Sept 2012 and gave an option to them to purchase the building. I ‘heard’ about the option but was unable to confirm as Danaharta refused to give me a copy of the Tenancy Agreement (until end of December  when it was too late) and KPJ deliberately kept very quiet and never responded to any of my calls, letters  or request to see them. When I asked them at the meeting at MOF on the 8th February 2013 why  they behaved that way they said they were advised by their lawyers to lie low and ignore me. What odd and dubious behavior! ( I note that the Tenancy Agreement was prepared by Shook Lin & Bok) I am surprised that KPJ which is such a big organization didn’t engage their own lawyers to do the Tenancy Agreement instead of relying on Danaharta’s lawyer. I suppose like me,  they had no choice in the matter.
After getting the Tenancy Agreements at the end of December 2012, I proceeded with my loan application to Bank Pembangunan for a loan of RM200 million to repay Danaharta. The Bank was very positive and helpful. Unfortunately one month was hardly enough time to complete the papers for Board  approval and I applied for extension of time for the Bank to complete the papers and submit for Board approval.
Thus the MOF kindly called a meeting of the three parties, Danaharta, KPJ and myself. At the meeting I was informed that KPJ had put in their option to purchase the building. No price or time frame was mentioned. KPJ said they were still waiting for the valuation report. I was told by KPJ that CH Williams was preparing the report. It reminded me of the earlier report by CH Williams prepared at the behest of Danaharta bringing down the value of the building to RM161 million to justify giving the building to Danaharta at that price. So now CH Williams is called again to ‘value’ the building. KPJ admitted at the meeting that they had received ‘verbal’ indication that the value would be around RM200 million or less which they would get ‘next week’. I wonder if ‘ Valuers’  are subjected to any code of ethics or can they make a valuation on a building and qualify themselves by saying they “ did not enter the building” (which was what they did in the earlier valuation).
 I am surprised KPJ put in a letter to exercise the option to buy without a confirmed price.  The normal procedure should be that the parties agree on a price before exercising the Option. In their zealousness to beat me to it and to deny me the extension for time they put in the incomplete Option. 

Now I have to wait for their ‘consent’ for extension of time in two weeks time,  which I doubt I will get.
I may have lost the Battle, but I know I have won the War by exposing the unethical and dubious practices , which I ask the next Government that comes into power to correct and impose strict ethics and procedure to show TRANSPARENCY AND ACCOUNTABILITY not just for  GLCs but also all local Authorities and some Government Departments.

Hajjah Marina Yusoff
9th February 2013

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