KUALA LUMPUR (Nov 9): Cahya Mata Sarawak Bhd (CMS) group managing director Datuk Seri Sulaiman Taib and his brother Datuk Seri Mahmud Abu Bekir Taib have filed an application to name their father Tun Abdul Taib Mahmud as a third defendant in a dispute with their stepmother, Toh Puan Raghad Kurdi Taib, relating to the transfer of CMS shares.
The brothers' counsel Alvin Chong filed the application during the last mention of the case on Monday, The Borneo Post reported, adding that Chong raised the matter during proceedings in the Kuching High Court on Thursday before Judicial Commissioner Alexander Siew How Wai.
Sulaiman and Abu Bekir are seeking an injunction to halt the transfer of the CMS shares to Raghad, after having earlier challenged the authenticity of the signature of Taib, who is also the Sarawak Yang di-Pertua Negeri, on documents related to the transfer of the shares.
Raghad and RHB Investment Bank Bhd are the first and second defendants in the case.
Raghad’s counsel Shankar Ram Asnani told the court on Thursday that they are opposing the application as Taib’s supplementary affidavit states that the CMS shares in question were given to Raghad.
“Tun clearly stated that the document was indeed signed by him,” The Borneo Post quoted the lawyer as saying.
The document is being opposed by two experts who are challenging Taib’s signature that was deposed before a commissioner for oaths.
Meanwhile, the Dayak Daily news portal quoted Shankar as saying that Chong has yet to serve the application personally to Taib.
Shankar also mentioned that there are "serious constitutional issues" to be dealt if Taib is included as a defendant, the portal added.
The lawyer said the court should peruse Articles 181, 182 and 183, read together with Article 160(2), of the Federal Constitution over the interpretation of the word ‘ruler’ of a state to mean other than a ‘ruler’ in the sense of a Sultan.
Shankar also cited Articles 1, 10 and 44 of the Sarawak Constitution that no proceedings may be brought against the governor and this is apart from the constitutional provisions under Article 121(1A) of the constitution relating to assets and/or properties of Muslims.
Following this, Siew fixed Nov 27 for case management, where the court would issue directives on the matter.
Taib’s daughters, Jamilah Hamidah Taib and Datuk Hajjah Hanifah Hajjar Taib-Alsree, control a 12.55% stake in CMS through Majaharta Sdn Bhd. A 10.33% stake is in the name of their late mother Puan Sri Laila Taib, and Taib’s sons have individual shareholdings in the company — with Abu Bekir holding a 0.5% stake.
Collectively, the Taib family has an equity interest of about 23% in the group.