Govt, NFCorp will not appeal High Court decision

KUALA LUMPUR: Neither the government nor the National Feedlot Corporation Sdn Bhd (NFCorp) has decided to appeal against the High Court's decision last month that gave a partial judgment against the NFCorp.

The matter was confirmed by senior federal counsel Nurhafizza Azizan who represented the government.

"Neither the government nor NFC have filed and served any notice seeking to appeal the decision. The filing notice of the appeal expired on Nov 12,” she said when contacted on Wednesday (Nov 22).

The matter was also confirmed by lawyer Datuk K. Kirubakaran who acted for NFCorp and 10 other defendants.

Since there has been no appeal by the defendants and plaintiff, the High Court's verdict remains.

On Oct 13, High Court Judge Anand Ponnudurai ordered NFCorp to repay the government RM33.7 million in connection with the National Feedlot Centre project in Gemas, Negeri Sembilan.

In not allowing the government's full claim for RM253.6mil in loans for the project, Judge Anand ordered NFCorp, which was named as the first defendant, to repay the government RM33,743,591.37 being the unutilised amount loaned to it.

He said the plaintiff (government) is entitled to the RM86.9mil seized from the defendants which is currently held by the Account General in escrow.

Judge Anand also ordered all the 11 defendants to return land in Gemas, Putrajaya and One Menerung here, which were purchased with the loan, to the government which is the beneficial owner of the properties.

The judge also allowed the defendants' counterclaim and ordered the government to pay RM10,000 in nominal damages to them.

However, Judge Anand said the plaintiff had failed to prove any conspiracy to defraud the plaintiff by Datuk Seri Dr Mohamad Salleh Ismail and his family and companies controlled by them.

In the suit, the government also named Mohamad Salleh, who is the NFCorp executive chairman and husband of former Women, Family and Community Development Minister Tan Sri Shahrizat Abdul Jalil and their three children, Wan Shahinur Izran, Wan Shahinur Izmir and Wan Izzana Fatimah Zabedah, as the second to the fifth defendant.

The other defendants are six companies controlled by Mohamad Salleh’s family, namely, National Meat & Livestock Corporation Sdn Bhd, Real Food Corporation Sdn Bhd, Meatworks Corporation Sdn Bhd, Agroscience Industries Sdn Bhd, Asian Bioscience Corporation Sdn Bhd, and Technology Imageware (M) Sdn Bhd.

In the statement of claim, the government stated it had signed a loan agreement totalling RM250 million with NFC on Dec 6, 2007, to finance the costs of establishing and operating a National Feedlot Centre in Gemas as part of its policy to develop and increase beef production.

The loan was disbursed in three tranches and Mohamad Salleh's family was claimed to have made 10 withdrawals amounting to RM180.51 million from Jan 24, 2008, to Jan 3, 2011. - Bernama