KUALA LUMPUR (Sept 13): The High Court on Wednesday granted an extension of time to the government, along with former prime minister Tun Dr Mahathir Mohamad and former minister in the Prime Minister’s Department Tan Sri Nor Mohamed Yakcop, to file their defence to a suit by businessman Tan Sri Halim Saad.

The extension was granted during case management before High Court senior assistant registrar Nik Nur Amalina Mat Zaidan on Wednesday.

The Attorney General's Chambers, who was representing the government, Mahathir and Nor Mohamed had filed a written application to seek an extension.

As there was no objection, Nik Nur Amalina granted the extension and directed the defence be filed by Oct 6, and the reply to the defence be filed by the plaintiff on Oct 23.

Nik Nur Amalina also fixed Nov 20 for case management.

The businessman was represented by Yvonne Lim, while federal counsel Imtiyaz Wizni Aufa Othman appeared for the defendants.

Halim filed the suit on Aug 2, where he named Mahathir, Nor Mohamed and the federal government as defendants in the suit.

It is premised on the breach of his constitutional rights under Articles 8(1) and 13(1)(2) of the Federal Constitution by the Malaysian government, where upon the instructions of Mahathir and Nor Mohamed — in his capacity as a special economic adviser to Mahathir — proceeded with the purchase of a 32.69% stake in Renong Bhd from UEM, a unit of Renong.

This, Halim added, was pursuant to the put option exercised by UEM in December 2000, giving Halim the right to buy the 32.6% stake in Renong from UEM for RM3.165 billion.

The Renong shares would only be transferred to Halim upon full settlement. Halim claimed that he made the first payment of RM100 million to UEM on Feb 14, 2001 for the share purchase. An extension to Sept 12 was granted for the second instalment, as Halim needed more time to raise funds.

At the same time, Halim was also planning a bid to take UEM private, where he claimed that he had acquired financing for the share purchase and the general offer to buy out UEM then.

As a result of the intervention from Mahathir, Nor Mohamed, and the government, Halim alleged that he suffered financial losses, and this constituted a breach of his rights under the Constitution.

Article 8(1) stipulates that all persons are equal before the law, and entitled to the equal protection of the law, while Article 13(1) stipulates that no person shall be deprived of property save in accordance with the law, followed by Article 13(2) that no law shall provide for the compulsory acquisition or use of property without adequate compensation.

Mahathir, in his reaction to the suit, questioned the timing and manner in which Halim filed it, as it took place right before the six state elections on Aug 12.

The former prime minister said he would contest the suit, and answer the allegations in court through his lawyers.

“I have nothing to hide," the 98-year-old statesman said.

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