ALOR SETAR: The High Court here has ordered the Kedah Football Association (KFA), its former president Datuk Seri Mukhriz Mahathir, and two other individuals to pay more than RM500,000 to the Employees Provident Fund (EPF) for failing to remit contributions for several players, Sinar Harian reports.
High Court Judge Johan Lee ruled that the plaintiff, EPF, successfully proved its case against the four defendants based on the balance of probabilities, the Malay language daily reported.
"The four defendants are jointly and severally liable to the plaintiff for the sum of RM503,681, representing the outstanding EPF contributions," he was quoted as saying in a 36-page written judgment uploaded on the judiciary's website on Wednesday (Dec 31).
Judge Lee also ordered the defendants to pay statutory dividends on the outstanding amount at a rate of 5% per annum starting from Jan 1, 2019, until the full judgment sum is paid.
The defendants are also liable for late payment charges calculated at a rate of 6% per annum starting from Jan 1, 2019, according to Section 46(1) of the EPF Act 1991.
The judge noted that Mukhriz, who was also the Kedah mentri besar at the time, along with honorary secretary Anas Hafiz Mustaffa and committee member Asmirul Anuar Aris, held positions during the period of non-compliance, as proven by corporate and KFA records submitted as evidence.
In his judgment, Judge Lee rejected the defendants' argument that the EPF was selective in naming the three individuals as defendants, asserting that the statutory body is entitled to take action against any or all office bearers.
The lawsuit was discontinued against five other office bearers — Abdul Rahman Abdullah, Khamal Idris Ali, Yusuri Yusof, Shahrul Samsudin, and Ruzaini Radzi — after they paid more than RM1mil.
The EPF filed the action after KFA, as the employer, failed to remit monthly contributions for its players in accordance with the provisions of the EPF Act 1991.
According to the EPF, the unpaid principal contributions amounted to RM1,519,801.
Lawyers Abd Shukor Ahmad, Aaron Aiman Thangarajoo, and Michelle Liew represented the EPF, while Ahmad Taufiq Baharum represented KFA.
Lawyer Mior Haidir Suhaimi represented Mukhriz, Anas Hafiz Mustaffa, and Asmirul Anuar Aris.
