By Lee Wei Lian - The Malaysian Insider
Chan testified today that the three letters he had signed in support of PKFZ did not contain guarantees. The distinction is important as the ministry is not empowered to guarantee the project and a letter indicating otherwise would be tantamount to fraud.
According to sources, Chan provided summary legal advice from a Queen’s Counsel to back his claim which he showed to members of the PAC but without distributing copies.
The Malaysian Insider understands that some PAC members feel Chan’s testimony contradicts that of the ministry secretary-general who said that Attorney-General Tan Sri Abdul Gani Patail had indicated Chan’s letters have elements of a guarantee.
The PAC is expected to summon Abdul Gani on August 12 to obtain his opinion.
Chan was the last of the three transport ministers, whose tenures straddle the PKFZ project, to be summoned. So far former transport minister Tun Dr Ling Liong Sik, current Transport Minister Datuk Seri Ong Tee Keat, PKA chairman Datuk Lee Hwa Beng, and Malaysian Anti-Corruption Commission chief Datuk Seri Ahmad Said Hamdan have already testified.
After the meeting, PAC chairman Datuk Seri Azmi Khalid told reporters that the committee was deliberating but had yet to arrive at any conclusion. “We don’t know if they are letters of support or letters of guarantee. It is subject to legal opinion. We are not the authority to determine it, we are only conducting an inquiry.”
The details of the PAC findings are expected to be tabled during the next sitting of Parliament in October.
Since the 1980s, Queen’s Counsels have rarely been granted approval to appear before Malaysian courts although clients are free to seek their advice.
In 2006, Cherie Blair, the wife of Tony Blair and a prominent Queen’s Counsel, was denied her day in Malaysian court when the Federal Court dismissed her application to appear on behalf of Fawziah Holdings in a dispute with Metramac over a tolled highway contract.
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