KUALA LUMPUR,. OC Phang will appeal a court ruling last month making her culpable for former employer Port Klang Authority’s (PKA) losses as a result of building the Port Klang Free Zone, her lawyers said.
According to the Malaysiakini news portal, her defence team said they previously argued that there was no prima facie case against the former PKA general manager, adding that this was not yet resolved by the court.
“Phang will also be appealing the decision made by the High Court yesterday, as she wants to be given a fair opportunity to prosecute her third-party claim for contributions as she was not the sole decision-maker in respect of the PKFZ project,” her lawyers were quoted as saying.
“This is in line with the evidence by PKA’s former chairperson, Lee Hwa Beng, who testified during the trial that all board members at the material time should be held responsible as well,” the statement from the lawyers added.
On September 24, the High Court in Shah Alam found Phang liable for the losses suffered by PKA arising from the construction of the controversial free trade zone.
Yesterday, the same court rejected her lawyers’ submission, arguing she should not be solely liable for the damages that are yet to be ascertained.
Her lawyers contend that she had acted either in concert with or under instructions from other parties, including the Transport Ministry, Finance Ministry and Economic Planning Unit, the representatives of which were board members of the PKA.
“The (board) members were aware and agreed with Jebel Ali Free Zone Authority’s recommendation for the land to be developed in a single phase, as opposed to multiple phases,” the lawyers said.
PKA sued Phang, formerly its general manager, for breach of trust and duty over the PKFZ project.
The RM12 billion scandal was among the country’s largest but has since been eclipsed by 1MDB.
Despite the magnitude of the losses, no person remains criminally convicted over the scandal, making it one without culprits.