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2. RELATED: DFENCE [SIC.] OF THE 1ST DEFENDANT
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Table of Contents
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2. RELATED: DFENCE [SIC.] OF THE 1ST DEFENDANT
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REPORTED BY MALAYSIA TODAY
Table of Contents
1. Statement of Claim, 17th November 2015 10:49 AM … Page 1
2. Defence, 3rd November 2015 05:34 PM … Page 43
CASE NO: HC/S 986/2015
CASE NAME: Xavier Andre Justo & Anor v Tong Kooi Ong & 2 Ors
Case Status: Pending
Downloaded on: 09/12/2015 08:09 PM
IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE
HC/S 986/2015
1. XAVIER JUSTO
(Switzerland Passport No. X1813585)
2. JUSTO CONSULTING CO LTD
(Registration No. Unknown)
… Plaintiffs
And
1. TONG KOOI ONG
(NRIC No. S2768952C)
2. HO KAY TAT
(Malaysia Passport No. A20725350)
3. CLARE REWCASTLE-BROWN
(ID Unknown)
… Defendants
STATEMENT OF CLAIM [AMENDMENT NO.1]
1. The 1st Plaintiff is currently a resident of Thailand. He was previously an employee of a company known as PetroSaudi International (UK) Ltd (“PetroSaudi”) and was engaged as an executive assistant and IT manager at PetroSaudi. The 1st Plaintiff left the employment of PetroSaudi on or about 15 April 2011.
2. The 2nd Plaintiff is a company established in Thailand with its official address at 9/12 Moo 5 Ban Makham, Angthong, Koh Samui, Thailand and is wholly owned and managed by the 1st Plaintiff.
3. At all material times:- 1. The 1st defendant was the owner and/or was in control of a group of companies known as The Edge media group, a corporation dealing with the media business and which publishes several print and digital publications; 2. The 2nd Defendant was the Publisher and Group Chief Executive Officer of the said Edge media group; and 3. The 3rd defendant was the owner and editor of an internet blog called “The Sarawak Report”.
4. By an agreement made on or about 15 February 2015 in Singapore between the Plaintiffs on one part and the Defendants on the other part, the Plaintiffs agreed to sell to the Defendants one Pen data storage drive (the “Pen Drive”) and one hard data storage drive (the “Hard Drive”) together with their contents (collectively “the Goods”) for the sum of US$2 million (the “Agreement”). The said sum was to be paid by the 1st Defendant on behalf of the Defendants to the 2nd Plaintiff. The said Pen Drive and Hard Drive inter alia, contained information pertaining to dealings between the 1st Plaintiff’s former employers (PetroSaudi) and 1Malaysia Development Berhad (“1MDB”) a development company owned by the government of Malaysia.
5. The said Agreement is partially evidenced in writing contained in a document dated 23 February 2015 titled “Sale of Justo Property IT Software” signed by the 1st Plaintiff, on behalf of the Plaintiffs and the 1st Defendant on behalf of the Defendants and partly between a series of What’sApp [sic.] exchanges between the Defendants and the 1st Plaintiff and via meetings in Bangkok and Singapore between one or more of the Defendants and 1st Plaintiff. Pending discovery and/or further and better particulars and/or answers to interrogatories to be provided by the Defendants, the best particulars which the Plaintiffs are able to provide are set out hereafter.
PARTICULARS
a. 2 meetings between 1st Plaintiff and 3rd Defendant in Bangkok at the Plaza Athenée Hotel in or about May 2014 and in or about June-July 2014;
b. 2 meetings between the 1st Plaintiff and the 1st, 2nd and 3rd Defendants at Fullerton Hotel, Singapore on or about 15 February 2015 and 23 February 2015; and
c. Multiple WhatsApp messages between the Defendants and the 1st Plaintiff [please see Annexure 1 to this Statement of Claim [Amendment No.1].
6. Pursuant to said Agreement, the 1st Plaintiff delivered the Goods to the 2nd Defendant, who was authorized by the 1st and 3rd Defendants to receive the same, on or about 15 February 2015 in Singapore. Pending discovery and/or further and better particulars and/or answers to interrogatories to be provided by the Defendants, the best particulars which the Plaintiffs are able to provide are set out hereafter.
PARTICULARS
a. The Goods were handed to the 2nd Defendant in Fullerton Hotel on or about 15 February 2015 in the presence of the 1st and 3rd Defendants on their agreement to pay US$2 million for the same;
b. The Plaintiffs rely on the document dated 23 February 2015 titled “Sale of Justo Property IT Software” signed by the 1st Plaintiff, on behalf of the Plaintiffs and the 1st Defendant on behalf of the Defendants; and
c. The Plaintiffs will rely on the contents of the WhatsApp messages, especially those between the 2 Defendant and the 1st Plaintiff [as set out in Annexure to this Statement of Claim [Amendment No. 1].
7. Notwithstandng repeated demands by the Plaintiffs, the Defendants have failed refused and/or neglected to pay the said sum of US$2 million or any part thereof to the Plaintiffs.
8. Further and in the alternative, the Plaintiffs aver that the Defendants did not intend at any time to honour their agreement with the Plaintiffs, and misrepresented to the Plaintiffs to that the said US$2 million payment would be made so as to dishonesty induce the Plaintiffs to deliver the Goods to them.
9. The Plaintiffs reserves [sic.] their rights against any other party or parties not present named in the Writ of Summons.
AND the Plaintiffs claim:
1. The return of the Goods;
2. An Order against each Defendant to disclose to the Plaintiffs the names and particulars of all persons and parties (whether natural or legal) which the Defendants and/or their servants and/or agents had given, provided or allowed possession and/or access to the Goods;
3. An Order requiring the Defendants and each of them, to ensure the return to the Plaintiffs and/or destruction of any and all copies of the Goods (including all data incorporated in such copies);
4. Damages;
5. Costs; and
6. Such further and other relief that the Honourable Court deems fit.
Re-dated this 17th day of November 2015
Sgd.
––––––––––––––––––––––––
Solicitors for the Plaintiffs
Damodara Hazra LLP
________________________
Solicitors for the Plaintiffs
Damodara Hazra LLP
Annexure 1 [ALL SPELLING ERRORS PRESERVED]
Athene Ban: 2nd Defendant
Fullerton: 1st Plaintiff
_____________________________________
16 Mar 22:00 - Athene Ban: Travelled all day yo Indonesia for 3 days. Did a conference yesterday for Tony. KT not responding?? If he jerks you around I will go to Tony. I am pretty sure Tong is unaware if he is being difficult
16 Mar 22:07 - Fullerton: I will contact them tomorrow morning and let you know. Sure that there is no problem. Talk to you tomorrow. Have a good night
17 Mat 19:24 - Athene Ban: KT got back to say that they are looking at way to transfer but complaining lots of people seem to know! I have told no one but he is insinuating I have. He is a bit of a pain but I think his boss will deliver. If not I will absolutely tell our mutual contact who is Tony Pua
17 Mar 19:26 - Fullerton: What??? Can you contact the boss directly? I need the money soon! I have done my duty and more!!! What is that????
17 Mar 19:28 - Athene Ban: I agree. I will ask him what he means. And if there is no information by Thursday I will lay everything on the table to Tony. Tony is discreet but I had not mentioned to him the situation directly because they asked me not to
17 Mar 19:36 - Athene Ban: Don’t let this get to you. I think it is just jealous KT being tricky intermediary. I do but boss seems scared talk directly with me now. He wants as little trace as possible I am sure. Tony is the key and I speak to him anyway Thursday. See if KT gets back tonight
17 Mar 19:44 - Athene Ban: They can’t play that game and do not think Tong wants to. He cannot afford w lose fact. I will cancels return and hunt tong down if KT tries any nonsense.
17 Mar 20:01 - Athene Ban: This is not Tong its KT. We will sort it out. He is a businessman and knows I can and will act if he is not of his word. He is trusting KT to act like a grown up but he is being a kid about this
19 Mar 06:19 - Athene Ban: This guy KT is bonkers. I will walk away from this story. But they have to pay now. Otherwise I start talking and then they will be identified
19 Mar 07:52 - Fullerton: Do you have Tong phone or email?
19 Mar 08:12 - Athene Ban: I do. But he has not answered. He reads though. I am seeing Tony Pua this evening. He is a very influential person in their community and was the person who put me in touch. He will give me insight into what is happening and can give me the direct access. I think KT is causing as much trouble as he can and has personality problems clearly. But he has made a vital concession which is to say he will pay through my guy You met. So I am going to dig him out of bed and ask him to get in touch directly for the whole amount
19 Mar 08:12 - Athene Ban: Then when he has transacted he passes to your account
19 Mar 08:13 - Athene Ban: I have the trump card don’t forget. They don’t want me to expose them
19 Mar 09:32 - Athene Ban: It’s going to be ok. This is all because KT is fearful. He is seeing ghosts
19 Mar 20:13 - Athene Ban: Advice is to ignore the latest from KT. I am with Tony.
19 Mar 20:36 - Athene Ban: Please take heart. I am so very sorry you have had this problem. We are dealing with a little person taking advantage of a boss who is trying to distance himself. I am getting on plane. Will Skype on arrival
20 Mar 11:09 Fullerton: Hi. When you arrive can you send a message to the group. Saying that why don’t you share the costs. I will say yes and if he doesn’t agree I will pay everything. Time is running for me. Thanks
20 Mar 12:37 - Athene Ban: You mean I all of us share costs three ways? Realistically I don’t begin to have that sort of money. Is it to call his bluff?
20 Mar 12:38 - Athene Ban: You mean I suggest that.
20 Mar 12:41 ºFullerton: Sorry. I mean ask us (not you!) to share the fees! Just to see it’d reaction ! I will pay everything if needed.
20 Mar 12:43 - Athene Ban: He should not get away with it. He is a mean little shit. Before I do why not demand a response on what is happening
20 Mar 12:43 - Athene Ban: He might just do it
20 Mar 12:44 ºFullerton: Ok. Will do that. Little shit is a compliment
20 Mar 12:48 - Athene Ban: Yes I will repay him when I get a chance
20 Mar 12:49 - Fullerton: So will I
20 Mar 13:47 - Athene Ban: Has he read it? Tony will track Tong down directly start of the week and threaten nuclear option if KT strings this out.
20 Mar 13:52 - Fullerton: Not read yet!
20 Mar 13:52 - Fullerton: Just read
20 Mar 13:53 ºAthene Ban: It’s a useful facility. I can see Tong reads my messages even if he does not reply
20 Mar 15:28 ºAthene Ban: Yes ok. Sorry at the late reply. I was just getting in. I will contact Tony now. I fully appreciate your situation. But tell your wife she is lucky to be with a decent human being. It is the most important thing. And we will fight this shit now
20 Mar 15:34 - Athene Ban: I have messaged Tony.
20 Mar 16:14 - Fullerton: Thank you. If any news let me know please.
20 Mar 16:15 - Athene Ban: He has not yet replied. But I sure he will
20 Mar 18:15 - Athene Ban: When was he wanting to meet and was this to be with Tong? I would go and sort him out.
20 Mar 18:17 - Fullerton: Don’t understand?
20 Mar 18:18 ºAthene Ban: KT was talking about yet another meeting! I am still waiting for Tony
20 Mar 18:26 - Fullerton: He hasn’t reply or communicated with me today. No news from him
20 Mar 18:27 - Athene Ban: Tony emailed he will now look.
20 Mar 18:27 ºAthene Ban: At my messages about this
20 Mar 18:28 - Athene Ban: The problem is the little guy. We will get round him eventually. T does not care about the money or how I covered the story according to Tont. But he is terrified of exposure and KT is trading on that So can we
20 Mar 18:53 - Athene Ban: Ok Tony just got back. He says tone it down now. We gave them till weds and KT needs to nurse his bruised ego. If you have not heard by Tues night he will go to Tong as we agreed. He thinks little Hitler will give in but we have to let him have some space to do it. Can you hang on in there?
20 Mar 18:55 - Fullerton: I have no choice Clare. I’ll will wait as long as I can. Take care
20 Mar 18:57 - Athene Ban: I am really sorry it is so nerve shredding. KT is jealous of everyone and so is spitefully taking it out on us.
20 Mar 19:05 - Fullerton: if it can help I’m ready to pay all the fees from your friend. But tell him I really don’t want to speak to him anymore.
20 Mar 19:08 - Athene Ban: I am really sorry about the bloody fees. I had asked him for a favour and assumed it was that. But he is a bloody broker and saw his opportunity. He says he is taking a risk himself. I don’t want to meet him again as he is clearly shady which I had not realised. My brother should stay clear of him!
20 Mar 19:09 - Athene Ban: Let’s give KT Tong and Tony a chance to work it out themselves. They can sort if we give them some space I think. Tony is now I. The picture and can explain how KT has distorted the salutation.
20 Mar 19:10 - Athene Ban: In the picture
20 Mar 19:15 - Fullerton: I see. They will use the abu dhabi excuse for not paying me there and they know I have no other banks. Easy for them. Good night
20 Mar 19:32 - Athene Ban: They have the alternative which is Boris. Or any other person they choose
20 Mar 19:33 - Athene Ban: It is a ridiculous excuse about the bank
20 Mar 19:34 - Athene Ban: Tony used the word paranoid to describe KT. KT was invited to join him for golf one weekend and said it was more than his life was worth to play with someone in the opposition !!
21 Mar 20:09 - Athene Ban: I am so sorry. I think KT was asking for a meeting? I am trying to sort things. I think they do want to pay. They are just scared
22 Mar 07:33 - Athene Ban: Ok. They are beginning to come back. KT is trying to exert control. Let him have his Hitlee moment. Can you put up with the two stages. It’s not end of the world? You were happy to wait a bit.
22 Mar 14:28 - Athene Ban: I think KT is unaware how offensive he is. I’m used to putting up with stuff but Boris is furious. I will try
22 Mar 15:38 - Athene Ban: I really cannot get over what a rude little guy that KT is. I have just had another tirade from him saying I put Boris in touch so I should sort things out etc etc. I was just trying to help for goodness sake
22 Mar 15:44 - Athene Ban: I am working on it. It’s just pride on Boris part. I am explaining to my brother
22 Mar 16:11 - Athene Ban: Ok KT also asking for his number again. He has instructions to deal. Even if we have to find Another intermediary this is going to go through. It is just taking more time. These sort of things do. But there is a willingness. I hold the trump card. I should not threaten because they know. We just tread carefully now KT has instructions to meet B tomorrow. I am doing my best to revive his interest. Courage as they say in French
2 Apr 17:04 - Athene Ban: Battling on all sides Nd waiting to get hold of this charity to help funnel your money. If they can help them I will get Tony to knock on the bosses door. KT is useless
2 Apr 17:31 - Fullerton: I just have found a solution for the payment. I should have an account in hk tomorrow.
2 Apr 17:32 - Athene Ban: Great. Then we need to get back in touch. Is KT out?
3 Apr 17:11 - Fullerton: Sent a message to kt (just saying hello) this morning he read it but no answer. Do you have a was to contact them without going through his phone? I have my account. And we need to talk today or tomorrow?
3 Apr 18:10 - Athene Ban: Is it in your name? It would be better if not. If KT keeps up this behaviour we go straight to T. I am passing through quite soon. Things are moving big time.
3 Apr 18:17 - Fullerton: The account is in my company name (with my name). The same co as the invoice signed by T. Can’t do anything else. I will try again tomorrow morning to contact kt. Skype tomorrow?
5 Apr 18:59 - Athene Ban: Tong has read my invitation to meet week of 12th not yet replied. They best day is 18th for me
13 Apr 09:13 - Athene Ban: KT just got back to say he is travelling on business for a week and then will contact you directly! What is his game? I am suspicious that he knows I am around for the next week so is saying he is away till I am safely back in UK. I will try and sniff out what’s going on in his office
15 Apr 06:27 - Athene Ban: Thanks! I even got a reply from KT that he would revert on details. 0 mentioned there is the HK option
15 Apr 06:53 - Fullerton: What’s on their minds???
15 Apr 07:19 - Athene Ban: I think they are preparing to deal.
15 Apr 07:19 - Athene Ban: I mean pay up
16 Apr 11:37 - Fullerton: Hello. Was your successful with the meeting?
16 Apr 23:31 - Athene Ban: They are obstructing so at least another week. Good side is that I will still have be around for when KT gets back from his travels
20 Apr 08:40 - Fullerton: Good morning. Kt replied to my morning message saying he will touch base with me in 2 days. I said ok. What a strange behaviour
22 Apr 14:58 - Fullerton: Ok. He wants to use Boris for my hk account. I said no need
22 Apr 15:08 - Fullerton: He’s asking me if I’m the owner of the company. And I said yes of course
22 Apr 19:37 - Fullerton: He said he will come back to me tomorrow morning. Hope it doesn’t come back with bad news. One more night waiting
22 Apr 19:54 - Athene Ban: Are we talking full amount?
22 Apr 20:00 - Fullerton: Not mentioned yet; I hope so. But you know them. I don’t see why they would want to do it in 2 times unless to control your writings or give kt a kind of power that apparently he loves.
23 Apr 11:27 - Fullerton: Good morning. No news from him and you any contact ?
23 Apr 12:06 - Athene Ban: No I just logged on to hear form you. Little prick. Give a couple more hours
23 Apr 14:19 - Fullerton: I’m going to write him to have some news. They are playing again…
23 Apr 14:56 - Athene Ban: Says he is chasing.
23 Apr 15:47 - Fullerton: He has no read my message. And he’s reading yours? Strange.
24 Apr 12:17 - Athene Ban: Just touched down. There is a possibility this went wrong because they feared that they were being cheated as the material was hard to get out. I was at an advantage because I had your thumb drive. KT was not sharp enough to ask for it to even though we did not hide it from h. He felt professionally outwitted and has taken his revenge by creating suspicion in his boss. You have the signed paper don’t forget. Does tong want to be cast as another Jho Low? The Cheating Chinaman? I don’t think he does. But by refusing to meet and talk he is preventing this from being solved. I
24 Apr 12:22 - Fullerton: He sent a message at 11pm yesterday: “still trying”
24 Apr 12:24 - Fullerton: Monday if no news I will write to T. And before the end of Next week I will do another move they are not going to appreciate at all! But let’s wait
25 Apr 12:47 ºFullerton: Received a reply from kt: he is doing his best. I will need an advice from you
25 Apr 13:29 - Athene Ban: What does he mean exactly? What advice. I am thinking of flying to KL and going into his office. But need to know where he is. Will ask Tony
25 Apr 13:35 ºAthene Ban: Hey I got that message too. Have asked tony to set up a meeting with Tong. Then I will go instead
25 Apr 13:35 ºAthene Ban: HVe asked KT what the problem is since it is straight forward
25 Apr 14:26 - Athene Ban : Tony is going to message Tong and try and find where he is at the moment
25 Apr 14:36 - Fullerton: Can’t believe Tong could look in a mirror and not be ashamed. That’s the behaviour of a crook and not a business man or even a man. May be there is something we don’t know. But he has to reply at least. I really don’t find an explanation
25 Apr 14:40 - Athene Ban: Yes. I agree. I hope tony can locate him
25 Apr 15:35 - Fullerton: May be I should write to Tong?
25 Apr 16:24 - Athene Ban: His number. Do you have?
25 Apr 16:26 - Athene Ban: 6596256822
25 Apr 17:00 - Fullerton: What do you think of this :
25 Apr 17:01 - Fullerton: Dear Mr Ko oi. It’s has been a while since we met and since we agreed of what you owe me. I have been patient enough but now the situation is unbearable. It’s has affected my financial situation as I have been obliged to pay from my own money the people that helped me in getting the material that changed the destiny of your country. Worse than that it has affected my personal life. I gave you the file without being paid and by doing so i betrayed the word I gave to my wife. I have opened another account as you refused the first one. But this account must receive the money before the end of next week or it will be closed. I therefore urge to pay what is due to me and by doing so respect our agreement and be a man of your word. I gave you the file without waiting the payment because you told me that you are a man that can be trusted and we shaked hands to confirm the agreement. This is for me the most important. But now it’s time to fulfil your part please. I can no longer wait or I will be in deep trouble. I don’t want to threaten, It’s not who I am. But I will not let that go without fighting and if that means causing you troubles it will be your responsibility. So please recognise that I have delivered what was agreed and that we have succeed in stopping the commission machine and the people running it. Let ends this in a proper and moral way. Thanks for confirming me that you are going to pay as agreed.
25 Apr 17:06 - Athene Ban: Yes. Send it.
25 Apr 17:11 - Fullerton: Ok. If they ask you didn’t gave me this number, I had it.
25 Apr 17:12 - Athene Ban: I am not worried about
25 Apr 17:18 - Fullerton: Sent
25 Apr 17:19 - Fullerton: And read from his side!
25 Apr 17:20 - Athene Ban: Good!!!!!
25 Apr 17:20 - Fullerton: Let’s see if he replies of if kt make a move
25 Apr 17:21 - Athene Ban: Yes. If he doesn’t reply then we take action
26 Apr 04:47 - Fullerton: Looks like they want to pay? May be we should have tried the threatening way before? But that’s not the way I thought it should be. Thank you so much for trying. He never said he didn’t want to pay me directly. Will see what the broker will say. If they are charges I will pay them of course.
26 Aor 11:15 - Athene Ban: Let them pay. Give me a bit of time. KT is talking now and saying needs internediary
26 Apr 11:15 - Athene Ban: I may have
26 Apr 12:56 - Fullerton: What do they want from an intermediary? I may have someone who has a trading company in Hk? May be he could help? But before asking him I need to know what they want form him? If it’s just an account not related to me it could work
26 Apr 12:57 - Athene Ban: They are scared to pay you directly.money trail
26 Apr 13:03 - Athene Ban: Ok. I have also asked my brother again for his market contacts. How publicly associated with you is the friend and what is the area of business
26 Apr 13:04 - Athene Ban: If he is a trusted third party with a legitimate sort of product then I reckon they will do it
26 Apr 13:07 - Fullerton: He has an import export so in hk. Tea and this kind of products. Anything that can be imported or exported. No links to me officially. He lives mainly in Bangkok and he is European. Not known publicly as far as I know
26 Apr 13:09 - Athene Ban: Sounds perfect if you can trust him. KT will have to pass you his end of the transfer details I suppose.
26 Apr 17:06 - Athene Ban: Ok. If he does then we forward the details to KT and say over to him. If necessary I will meet in Singapore to help. But he should be able to just send. He was asking for another meeting!
26 Apr 17:06 - Athene Ban: Tony really put the wind up
26 Apr 18:36 - Fullerton: It will not work from his side certainly. He has a partner and it will be difficult for him to engage him in the deal. He will tell me tomorrow morning but it’s will be a no I think. I’m so damned! Any suggestions from your side?
26 Apr 18:37 - Athene Ban: I will come back soon
27 Apr 16:18 - Athene Ban: Can you open an account offshore for it?
27 Apr 16:25 - Fullerton: Yes if I find a bank that accept it. I may try again singapore agaib but I have to be sure that they will transfer the money to the bvi that they know belongs to me
27 Apr 16:47 - Athene Ban: I have asked KT
27 Apr 16:48 - Fullerton: Ok!
27 Apr 18:18 - Athene Ban: Kt is asking what the BVI company does
27 Aor 18:23 - Fullerton: Nothing. It’s a shell that I bought in Singapore in February. It’s was meant for receiving the payment
27 Apr 18:24 - Athene Ban: So you need to find another account for it?
27 Apr 18:27 - Fullerton: Exact. Another bank in Singapore probably. I would they could help. T has an account there. It will so simple that he helped to organise an appointment for me with his bank. But I doubt he will help. It would be so easy and so quick. Let’s see what he will say
28 Apr 14:27 - Athene Ban: KT keeping in touch. Wants to sort it out. I have told him to re approach Boris directly.
28 Apr 14:27 - Athene Ban: But no answer. His bloody pride again
28 Apr 14:31 - Fullerton: But you said Boris didn’t want to deal with him? I can understand his reaction! Shouldn’t I need his service I will not spend a minute of my life with this guy. Hope he can pass over his pride and do it for the money and for us.
28 Apr 17:21 - Fullerton: And any news from K?
28 Apr 17:28 - Athene Ban: KT has not replied to my suggestion he contact Boris
28 Apr 17:40 - Fullerton: And K contact in hk?
28 Apr 18:04 - Athene Ban: Not yet
30 Apr 16:13 - Athene Ban: I got held up! What he did was text me saying first Wow amazing new information. Then saying he needed it or could not move on your deal basically. What I know is that half UMNO also have this information now. Once we have a route to pay I don’t need your route and I will find how K is doing. KT told me also to contact Boris as not answering him!
30 Apr 17:57 - Athene Ban: There might be a route through Switzerland. Do you have an account there to take in Swiss francs?
30 Apr 18:01 - Fullerton: In bsi but I don’t want to do it it’s compromised. If ita done through an intermediary they can pay in Swiss francs in abu dhabi I have a Swiss francs account there?
30 Apr 18:02 - Athene Ban: That sounds better. Will tell him
1 May 11:47 - Athene Ban: KT now saying we all need to meet again. ! It is unbelievable. But at least they are engaged They are not doing a runner. We need to have a system in place first. Let’s see if K s plan comes through He is looking at Swiss and HK options. Irony is that our story is all about money transfers but no idea how to do ourselves.
Athene Ban: 3rd Defendant
Ho Kay Tat: 2nd Defendant
Fullerton: 1st Plaintiff
_____________________________________
19 Mar 05:33 - Ho Kay Tat created group “Meet”
19 Mar 05:35 - Ho Kay Tat added you
19 Mar 05:35 - Ho Kay Tat added Athene Ban
19 Mar 05:35 - Ho Kay Tat: Hi I hv created this so we can hv 3 way chat whch is better t
19 Mar 05:36 - Ho Kay Tat: We will honor agreement but claire must do same
19 Mar 05:38 - Ho Kay Tat: At onset we told her there are sensitive stuff tha can put us at risk n cos o f that she must get our consent b4 using
19 Mar 05:40 - Ho Hay Tat: Unfortunately this has not happened n we are now at real risk here. I cannot stress enough on this n i hope she does not take it lightly n go on her high horse n lecture me about her journalistic blah blah blah
19 Mar 05:43 - Ho Kay Tat: She is safe where she is but we are at the epicentre
19 Mar 05:49 - Ho Kay Tat: Remaining sum will be executed on these terms 1) nothing is to be published about how money is used to influence usa nmiddle east gvts against anwar ibrahim 2) all future stories that are based on info contained in the transaction must get our agreement
19 Mar 05:50 - Athene Ban: What does I do contained in the transaction mean?
19 Mar 05:50 - Athene Ban: Info
19 Mar 05:52 - Ho Kay Tat: If claire sticks to this next 500 will be transacted in may, next 500 in july remaining sept
19 Mar 05:52 - Ho Kay Tat: We hv our reasons trust me cos our lives at stake
19 Mar 05:53 - Ho Kay Tat: We can meet in spore monday mar 23
19 Mar 05:54 - Athene Ban: KT what part of what has been published so far does your boss object to because you seem to have been content to re publish it all. That was the agreement that I take the heat but not that we buy to suppress the information about the crime
19 Mar 05:58 - Ho Kay Tat: Yr articles editorialises in a way that show u r out to oust the pm - shows political agenda n bcos we hv also been writing our own stuff n occasionally using yours on insider (without the political stuff) we are accused of working with u with purpose of ousting the pm
19 Mar 05:59 - Ho Kay Tat: Politics in msia is not as simple as uk where anyone caught in a scandal will be forced out
19 Mar 06:00 - Ho Kay Tat: Here it is more complex n virtually impossible to do it
19 Mar 06:01 - Ho Kay Tat: I hv explained to u but u hv chosen to ignore my message to u that we hv been put at risk
19 Mar 06:03 - Ho Kay Tat: I am no exaggariting claire
19 Mar 06:04 - Ho Kay Tat: I hv a 16 yr old daughter whose safety I am now very worried for
19 Mar 06:11 - Athene Ban: I have pointed out that he is accountable which he is. He has made himself accountable and he has authorised this Ii actually could argue you gave the political agenda but I am pleased to walk away from this to be honest. You fulfil your comment and I walk away. I have numerous other jobs and materials. You are not at risk because I have done this story not you. It’s me they will want to push under a buss. Fulfil your commitment and I walk away and I tell nobody Otherwise I am forced to protest
19 Mar 06:22 - Ho Kay Tat: U agree to terms i laid out above n we will honour…i do not wish to argue with you…Also we want to transact using yr proposal via yr friend
19 Mar 06:23 - Ho Kay Tat: We cannot do direct cos we hv been compromised
19 Mar 06:25 - Ho Kay Tat: We cannot do direct wth our friend via dubai cos we feel dubai not secure
19 Mar 06:25 - Athene Ban: Please clarify. I don’t understand transact using your proposal via our friend.
19 Mar 06:25 - Ho Kay Tat: Yr brother’s friend
19 Mar 06:25 - Athene Ban: He is not with Dubai
19 Mar 06:27 - Ho Kay Tat: Dubai was where our mutual friend has an acct but we do not feel safe transacting there cos right where jl has strong connections
19 Mar 06:29 - Athene Ban: Ah. This guy wants to charge I gather he told my brother 67k euro. But I am sure he will do it without cheating. On other hand the source went through a friend to make account so also secure. Either way. Say now if I contact friend this pm in Singapore
19 Mar 06:29 - Athene Ban: I pass thorough for six hours on way back to UK
19 Mar 06:31 - Ho Kay Tat: If he wants 67k thats alot so who gonna absorb?
19 Mar 06:32 - Athene Ban: I agree it’s a lot. I am disappointed. I would rather tell him to shove his offer.
19 Mar 06:32 - Ho Kay Tat: This complicated things even more.
19 Mar 06:33 - Ho Kay Tat: N will delay transaction
19 Mar 06:33 - Athene Ban: Telling me. I had understood he help for free.
19 Mar 06:34 - Athene Ban: I will go back and suggest he halves his demand.
19 Mar 07:08 - Ho Kay Tat: Our lives also at stake here
19 Mar 07:08 - Athene Ban: B has kept his word. I do not believe I have but if you have issues we me then we deal with that. Don’t bring him into this.
19 Mar 07:09 - Ho Kay Tat: We do not feel secure transacting via abu dhabi cos those guys are well connected n can trace source of money whch will expose us
19 Mar 07:09 - Athene Ban: I do not believe I have not kept mine. To clarify!!
19 Mar 07:09 - Ho Kay Tat: Frm day one we agreed none of us must do anything that exposes each other
19 Mar 07:10 - Athene Ban: We have not so that is ok then
19 Mar 07:10 - Ho Kay Tat: Yes we hv issues wth u claire
19 Mar 07:11 - Ho Kay Tat: U hv gone on yr own frolic
19 Mar 07:11 - Athene Ban: Don’t take that out on B.
19 Mar 07:12 - Ho Kay Tat: That exposes us and thiis makes it difficult for to do a direct transaction wth him especially in abu dhabi of all places!!
19 Mar 07:39 - Fullerton: To be clear : if I don’t receive 1.5 early next week I will loose friends and family and more than that ! For the 500 I can wait until early may it’s my stack. The others can’t wait. Abu dhabi will be fine. Clare If they don’t pay early next week could you arrange a live interview with a few newspapers! I will be dead middle of next week so I will have nothing to loose in telling everyones role. You know all the risks all the sacrifices have I done to help you and your country. I even reduce my share because I thought it was the right thing to do. I’m serious, middle of next week I loose everything so please have this interview done. You are speaking about your daughter, I will loose my son and wife and there are my everything! She didn’t want that I gave you the file without being paid. I said that it was ok because I shake your boss hand. I’m in deep personal troubles because of you. I will not fall alone and I will expose everyone!
19 Mar 07:43 - Ho Kay Tat: Yeah that will be lots of fun to everyone
19 Mar 07:43 - Ho Kay Tat: N we had an agreement wth claire whch she did not keep
19 Mar 07:44 - Ho Kay Tat: T is was a three party agreement
19 Mar 07:45 - Fullerton: No! The agreement was with you and her ! I said to your boss I will help! You know that ! I can’t believe your boss can accept that. I will contact him!
19 Mar 07:48 - Athene Ban: KT please consider the meaning of what you have just been saying and put me directly in touch with your boss with whom I had the agreement not you. Or I will have to resort to other ways of getting in touch
19 Mar 08:21 - Ho Kay Tat: Claire, i choose my words carefully… Please let us know do u agree to the terms i laid out above? i do not think what we are asking for is unreasonable
19 Mar 08:39 - Ho Kay Tat: I don’t understand why contact does not hv othr bank accts ….
19 Mar 08:50 - Ho Kay Tat: I think a fee is okay but quantum is too high
19 Mar 08:55 - Athene Ban: Ok I ask Boris to be reasonable. And get back. Danger of missing flight. I think you are going to see civil servants talking now. Those speaking against 1MDB will be less isolated.
19 Mar 08:58 - Ho Kay Tat: I agree wth u claire. Its just the way to do it without putting me n my boss at risk…ppl in msia talk. I can tell u i was shocked when a good friend frm an embassy here said to me “I heard info was sold for 2m”!!! I was shocked n that scared the hell out of me
19 Mar 09:25 - Athene Ban: Sarah. Communications has bee our biggest problem. T he reson why people know the price is because I have had to try and find to take this story for months. I approached a number of possible people as discreetly as possible. But Malaysia is a sieve of gossip. The good thing about this is no one knows who might in the end have got the story out. I have publicly spoken to dDr M and was asked to my face the other day in the forum if he paid. I said no one paid. Nural asked me is he paid. Every one suspects he did. We should keep it that way. Only person who might suspect is the person who introduced us. And he is very discreet. I have told no one else.
19 Mar 19:16 - Ho Kay Tat: How abt the fee?
19 Mar 19:20 - Fullerton: I will find fair that you pay the cost of this as you don’t want to use my bank.
19 Mar 19:20 ºAthene Ban: Deal with him. I assume he wants to be paid tell him if you have issues it is seriously to my business
19 Mar 19:21 - Fullerton: I agree with Clare. It’s not her duty to solve payment issues
19 Mar 19:29 - Fullerton: As I said, I’m expecting the whole payment not later than Wednesday next week. I have informed my bank that the money will come through another channel. They have accepted my arguments on the basis that the money will be there next week. If you don’t pay the whole amount, it’s your decision. I think Clare has accepted your demands. So act now as agreed and deliver. I don’t want to discuss anymore. You know what I’m facing. Now it’s your call !
19 Mar 20:09 - Ho Kay Tat: So its not yr business
19 May 20:10 - Ho Kay Tat: U hv used alot of info n now say its not your business
19 Mar 20:11 - Ho Kay Tat: How transaction is done must b agreed by both sides who must be comfortable with it
19 Mar 20:13 - Ho Kay Tat: Claire hving used much of the info u shd take responsibility then
19 Mar 20:15 ºHo Kay Tat: N now u hv audacity to say we shd also pay the large transaction fee that the person u recommended want to charge???
19 Mar 20:17 - Athene Ban: You have the choice of paying into the account you have been given without any fee
19 Mar 20:20 - Fullerton: I’m done arguing. Good night. Wednesday is the deadline. I’m sure your boss doesn’t agree with you. Pay my bank and avoid fees. Again I’m done with this unprofessional behaviour. Good night.
19 Mar 20:27 - Athene Ban: You can always find another intermediary of your choosing who is cheaper. I have made clear I want nothing of the financial side of this and I am warning nothing either. I just responded to a request to help with the only person I know I. This area in Singapore. I am sure you will have other contacts
19 Mar 20:28 - Athene Ban: Earning nothing
20 Mar 12:58 - Fullerton: So what is the situation? Do you want to share the costs? Has your boss been in contact with the intermediary for the payment?
22 Mar 07:18 - Ho Kay Tat: Hi, it is best i put down how we are to proceed so that there is no repeat of misunderstanding.
22 Mar 07:21 - Athene Ban: Well let me put down something first I am happy to walk away from this matter and let you take over the story.
22 Mar 07:23 - Ho Kay Tat: 1. C is not the write anything about jl n gang helping to turn middle east govts n washington agst anwar ibrahim ie trying help najib in domestic politics
22 Mar 07:23 - Ho Kay Tat: Not to write
22 Mar 07:25 - Ho Kay Tat: 2. We hv to agree to other stuff she wants to write from the info obtained. She is not to write without our ok.
22 Mar 07:25 - Athene Ban: I have said I will walk away.
22 Mar 07:26 - Athene Ban: And you should start writing the stories first like you said.
22 Mar o7:27 - Ho Kay Tat: This agreement will hold till sept
22 Mar 07:28 - Ho Kay Tat: If she agrees i will meet her friend tmw to do the first 1
22 Mar 07:29 - Ho Kay Tat: The remaining 1 will b transacted in sept
22 Mar 07:30 - Athene Ban: I am not writing any more on this. My contact was rather upset at the way he was treated. I will have to persuade him. He told me he wanted out. I will call him tomorrow
22 Mar 07:35 - Ho Kay Tat: Also, fee aside, we are also counting on him to honour and complete the transaction. We can put in money with him to invest but we hv no control what he does with it nor can we force him to complete it. He was recommended by you so you hv to take responsibility to ensure he completes the transaction
22 Mar 07:41 - Athene Ban: It is not worth his business to not complete. On the other hand I guess it is why he charges. He is 65982988. Can you give me some time to ask him to understand?
22 Mar 07:41 - Athene Ban: I will let you know
22 Mar 07:52 - Ho Kay Tat: Im available to meet him 2pm moday or 10:30am tues in spore
22 Mar 07:55 - Fullerton: Hi. At least we don’t fight any longer. As a personal service I would ask you to pay 1.5 immediately and the rest in September. The 1.5 is what Ihave to repay, I’m saying that honestly. I can wait for September for my share but you will agree that it’s not to me to pay the ones that helped us with my own money. Could you just reconsider this part ? For the fees we will find the agreement I’m sure. Thanks for letting me know it’s important to me
22 Mar 07:55 - Athene Ban: Ok I will tell him. If you want to call him directly in fact and say you are sorry if there were misunderstandings etc it might be more effective. Then you could explain your concerns. Do you want to try that way? It’s early hours here and I am feeling terrible. But if you prefer I can call in about six hours
22 Mar 08:01 - Fullerton: I will pay the fees for Boris if it can help to pay the 1.5. I just need to have the payment done. Does it sound fair?
22 Mar 08:36 - Ho Kay Tat: I hv to revert on 1.5
22 Mar 08:59 - Fullerton: Ok. Thank you
23 Mar 09:42 - Athene Ban: H
23 Mar 09:42 - Athene Ban: Do we have confirmation that you meet with B tomorrow? Is all ok for that as I have not reached him myself
23 Mar 22:20 - Ho Kay Tat: Yes meeting him tmw morn
23 Mar 22:23 - Athene Ban: Oh that is good. Hope it goes well. I will leave you to deal
24 Mar 22:19 - Athene Ban: Did matters pro gress smoothly?
24 Mar 23:07 - Ho Kay Tat: Told b what we needed him to do, He will revert wth the mechanics
25 Mar 00:01 - Athene Ban: Good Progress.
25 Mar 14:46 - Ho Kay Tat: Met b - told him to help organise 1.2 plus remaining in sept. Told him to be sent to abu dhabi. He says need a couple of days to revert on how to do …we ready to proceed anytime he is ready
30 Mar 22:42 - You’re now an admin
30 Mar 22:42 - Ho Kay Tat left
Ho Kay Tat: 2nd Defendant
Fullerton: 1st Plaintiff
__________________________________
25 Mar 14:04: Hi Can you give me am update about the payment please. How and when ? It’s Wednesday and I have answers to give. I didn’t copy Clare on this.
25 Mar 14:43 - Ho Kay Tat: Pis read the grp chat
30 Mar 22:41 - Ho Kay Tat: 3 of my editors arrested tonite. Iwill b incommunicdo for a few days
3 Apr 09:58 - Fullerton: Hi! How are you ?
7 Apr 11:13 ºHo Kay Tat: Sorry who is this?
20 Apr 08:01 - Fullerton: Hello. How are you?
20 Apr 08:27 - Ho Kay Tat: Good tq. Touch base wth u again in two days
20 Apr 08:39 - Fullerton: Ok noted
22 Apr 10:47 - Fullerton: Hello. Ready to proceed.
Athene Ban: 3rd Defendant
Fullerton: 1st Plaintiff
_________________________________
1 May 12:09 - Fullerton: And Tong have to be there !
1 May 13:23 - Athene Ban: No! I feel a bit like the Laurel and Hardy of the big bank robbery! Hopefully you can laugh one day ! Yes we can meet them but they will sign the transfer before they leave the room so you need to have a cast iron route in place first. Then I will demand a payment of a stiff whiskey!
2 May 17:21 - Athene Ban: He wants to meet Singapore 11 12 th. I am being advised to accept his original offer o f taking a stake in my company and then passing the money to you by K. I am terrified this might compromise me because of course these guys want to get me as implicated as you are. We would then have to find a way to hire you so it does not cause problems Does any of that sound acceptable to you? It would not be a clean transfer over but at least w would have prised the money from them and I hope you would trust me. But I would much prefer a direct or different route so let’s keep looking. I might be able to get Boris back in the picture by then. I will aim to make such a meeting
2 May 17:23 - Athene Ban: I mean they want me as implicated as they are in the payment. This their strategy
2 May 18:06 - Athene Ban: T hey are asking you to find an intermediary you trust. Can that guy Christian Frampton help? He seemed a decent person and a good step away and a big enough business?
2 May 18:06 - Athene Ban: T hey are really wanting to sort it which is the huge good news for you
2 May 18:12 - Fullerton: What writing a long message before I received the last ones.
2 May 18:17 - Athene Ban: What do you think?
2 May 18:19 - Athene Ban: I think these guys are just terrified really. But if they could send the money to christian to pass on it would be fantastic
2 May 18:24 - Fullerton: I’ll give a call tomorrow. Skype tomorrow ?
2 May 19:38 - Athene Ban: Ok?
3 May 18:16 - Athene Ban: Ha e some thoughts. Let’s try catch up. But meeting now
3 May 18:22 - Fullerton: Skype tomorrow ? Couldn’t reach my friend today. Will call him at the office tomorrow
3 May 18:23 - Athene Ban: Ok. I have had some advice on how to play. If they want to do through me. We should discuss but also check with friend
3 May 18:24 - Fullerton: Ok. Let’s check all options
4 May 13:40 - Athene Ban: Busy day today. Not sure if can Skype. But have toldk KT that p can make Singappre on 11th. We need to have some options ready so he sends the money before he leaves the room! Are you able to join?
4 May 13:45 - Fullerton: I need to be there I think. I’m working on 2 options hope one will work. If not we may use your option or K if he has a solution. Skype tomorrow then. Let me know if K says something and the time of the meeting please. T hanks and talk to you tomorrow
4 May 13:48 - Athene Ban: He is saying morning of 11th. It will be tight for me. I will fly overnight. I am in Geneva tomorrow. Let’s keep playing by ear on Skype. Trying to photo the CM in London today
5 May 15:51 - Fulllerton: Hi. Just book my tokens, arriving Sunday evening and departing Monday evening. Staying at the Fullerton hotel. The CF option will not work for reasons that I will tell you. Still working on the other option and you everything ok ? Got your pictures ? Any news from K or Boris ?
5 May 21:23 - Athene Ban: Oh that’s a shame. K is suggesting these guys take a stake in my company such that I am able to pay you. I will talk to a lawyer and accountant now. If it is acceptable? I have had an amazing development. The new chief minister came to London and last night said he was determined to end logging no more oil palm and to clamp down on corruption! He singled me out and welcomed me back to Sarawak! He asked for our help and today said that my radio was free to broadcast. So in fact I should see if Tong wants to get involved in expanding the operation.
5 May 21:24 - Athene Ban: T hey are definitely leaning on us to provide the solution
6 May 14:01 - Athene Ban: Passing this money through my small company will attract attention unless it is adequately managed and explained. I have a plan. But it would be good to have to back up!
6 May 15:55 - Fullerton: I’m still trying on the other option. The problem is my name and my former employer ! It scares people… I should have ask the money before releasing the docs. I will have an update today or tomorrow. When are arriving in Singapore?
7 May 17:51 - Athene Ban: Ok. Is this a third part charging? Wow! My solution would be to offer shares in my company to our media magnet. We are now a big name and could expand.
7 May 17:52 - Athene Ban: I then hire your company to manage that expansion. There would need to be stages. But I would not charge you as of course you will be working on this project etc.
7 May 17:53 - Fullerton: This is the fee of the guy doing the transaction : 5% non nego tiable. We can discuss about your solution before we met them ?
7 May 17:53 - Athene Ban: Would be very nice if he bought up quite a few shares to give RFS some real backing going forward
7 May 17:53 - Fullerton: T hat would be good for you and will allow increase your audience!
7 May 17:56 - Athene Ban: Sure. He already tried to pay me an option to buy my company. I suggest he buys shares and injects capital for my expansion. He would need to put in a margin because otherwise it is Awkward for me to re invest fast the whole amount. But SR and RFS are very genuine propositions from him I think. We could turn into a force now that Adenan has welcomed me into Sarawak! A rare license !
7 May 17:57 - Athene Ban: Your payment is a legitimate investment for me. It was a huge story of importance that has helped expand our profile.
7 May 18:00 - Athene Ban: T his is what my thoughts are gelling into. But i have to be very careful as I am a big target. I have been battered by business offers on the past weeks which I have had to ignore as I am sure they were traps to try and destroy my reputation. This is why i have remained non commercial so fat. But a buy out by Tong makes complete sense
7 May 18:06 - Fullerton: It makes a lot of sense. Of we can work together the detains I’ll be happy. We started this together would be nice to finish it together ! Hope Tong sees the real opportunity for him !
7 May 18:14 - Athene Ban: Great! Let’s see what they say. And keep your option. It is a lot of money to give to a sticky fingered banker
7 May 18:15 - Athene Ban: But you need options
8 May 13:46 - Athene Ban: Have you received message from KT cancelling? No explanation. Just says can’t be there
8 May 13:56 - Athene Ban: !!!
8 May 13:58 - Athene Ban: He has not read my replies. Can we Skype 11 mail time?
8 May 13:59 - Fullerton: What???? No messages !
8 May 14:01 - Athene Ban: T here were three message. Two enraging on the thought about using my company kindly offering to take half of it for the price of your deal ie a free hand over of my company to them. T hen some hours later a short note saying meeting off. He can’t be there. No explanation
8 May 14:02 - Athene Ban: I have asked for a. Explains said I don’t want my company involved but that you have your own intermediary, He has not read. T h
8 May 14:05 - Athene Ban: He is just getting back. He wants to know who your intermediary is? Says boss wants to pay by donating to an NGo
8 May 14:10 - Fullerton: It’s not an Ngo ! T hey are playing us again ! How do yo want me to find an Ngo to do that. I’ll finalise in an hour the details with them and I will forward them to you and them (kt and the boss). If they don’t accept that mean they don’t want to pay ! Ig’s a company based in Luxembourg to does this kind of transaction and they take 5% for their service and their discretion. No link with me or anyone else.
8 May 14:22 - Fullerton: I will have the details and everything Wednesday morning. I’ll be either a payment via Luxembourg or via their dubai bank. Unless a tong or kt have another solution for paying me I don’t know what we can do. Do you really think they want to pay or they trying to discourage us?
8 May 14:22 - Fullerton: Skype 11 your time ?
8 May 14:27 - Athene Ban: What is the public face of the company? I think if they can play us they will but if you have a firm solution then you exert pressure. They don’t want this out
8 May 14:31 - Fullerton: There is no public faces in this kind of companies ! We call them compensators!. They get the money in one place and they clear it to another one within their network. They wanted an intermediary, they will have one Wednesday. I will write to both of them now, don’t you think ?
8 May 14:47 - Athene Ban: Yes. But the company must have a name And purpose or they will use it as an excuse. Boris was a bond trader
8 May 14:53: - Fullerton: The account will have a name and I will imagine a purpose for it. But as I told you they have no real activities. They just clear money from one place to another. I can’t do more Clare. I really can’t, I don’t see the end of it ! It’s justo a perpetual nightmare with ups and dwns ! I have invested so much money with all these travels, opened already 2 accounts to satisfy their demand.
8 May 15:06 - Athene Ban: T he intermediary is a businessman then with a named business ?
8 May 15:10 - Athene Ban: We threaten if he fails to deliver.
8 May 15:10 - Athene Ban: What can you tell him about the company?
8 May 15:11 - Fullerton: It will probably be a bvi co, or a Panama c o or any kind of offshore entity. And the intermediary will not travel to meet anyone. It works like this with them.
8 May 15:11 - Fullerton: I’m going to write to Tong now and copy you and kt
8 May 15:13 - Athene Ban: He needs to explain the payment that is all. Be careful. Let’s see if they agree before open warfare?
8 May 15:14 - Athene Ban: KT has not read my last mess ages. He had said his reason for canceling was lack of arrangement
8 May 15:33 - Athene Ban: He has not read. Yes write a strong email laying out your intermediary and saying they now have all they asked for and you are paying professional fees etc. No more delays. I should not have all they asked for and you are paying professional fees etc. No more delays. I should not even have to be in Singapore for this transaction!
8 May 15:34 - Athene Ban: I would no trust them near my company Yuk!
8 May 15:37 - Fullerton: Will do later, can’t now.
8 May 15:39 - Athene Ban: Hope this is justo a hiccup and you can indeed sort this out with your family
8 May 16:30 - Fullerton: Justo had kt writing me asking about the intermediary. Seconds before I send the message to Tong. I will explain to him and see his answer
8 May 16:35 - Athene Ban: Yes I have been engaging him on the UK election. We are talking at least. Go for it
8 May 17:26 - Athene Ban: Yes we do. IF you are SURE Friday is ok ask KT I that. works for him?
8 May 18:26 - Athene Ban: Hey KT is saying you messages him no need to meet ever and you will contact him next week?!
8 May 18:27 - Athene Ban: His message
8 May 18:27 - Athene Ban: HIs msg to me - No need to meet again. Let me have all the details in place and I will contact you next week.
8 May 18:28 - Athene Ban: Source says no need to meet
*May 18:28 - Athene Ban: No need to meet at all
8 May 18:28 - Athene Ban: The above were his messages.?!
8 May 18:28 - Fullerton: I sent you a copy of my messages with him. I said no need to meet and I will contact when I will have the details. I though your last message meant he still wanted to meet. From my point of view if he has the details were to send the money why should we meet ?
8 May 18:29 - Fullerton: Yes it is my messages with him
8 May 18:29 - Fullerton: I sent you a print screen of them
8 May 18:30 - Athene Ban: Ok that’s fine. Yes I was confused
8 May 18:30 - Fullerton: I thought he wanted more from you !
8 May 18:30 - Fullerton: You still have nice material to come ?
13 May 14:26 - Athene Ban: Your matter coming through?
13 May 14:29 - Fullerton: Loking good ! Should have confirmation and details where to send the money Friday morning probably … Hopefully will see the end early next week. And you everything ok ?
13 May 14:34 - Athene Ban: Yes thanks. KT lecturing me about no hope to try to combat corruption in Malaysia. He is so spineless. I can’t stand that attitude. People who think they are clever to give up
13 May 15:06 - Fullerton: He is disgusting in every aspect ! Can’t wait to have my money and forget about him. Unless some revenge ideas come to my mind !
16 May 15:49 - Fullerton: Hope they will not come with another requirement… Have done everything and be patient enough. Let’s see tomorrow or Monday morning. Will see if they finally deliver
18 May 16:48 ºAthene Ban: Bloody KT
18 May 16:48 - Athene Ban: I will text
18 May 16:52 - Athene Ban: My normal Skype is clarerewcastle. Just downloading onto new computer
18 May 16:52 - Fullerton: Ok
18 May 16:53 ºFullerton: Sent you a contact request
18 May 16:54 - Athene Ban: Sorry I left the pass. Here is another Skype name. Good cover Amy.Dodds3
18 May 16:54 ºAthene Ban: Can you do this instead?
18 May 16:54 ºFullerton: Ok
18 May 16:54 ºAthene Ban: Online under that
18 May 18:12 - Athene Ban: Now he has replied. Saying your method not fool proof and wants to pay you cash every few weeks!!! I have told h not acceptable. He wants to keep controlThat is what this is about. I give him more. He pays you. I said you were capable of talking
18 May 18:12 - Athene Ban: I feel I landed you in this. They deserve the government they get
18 May 18:17 - Fullerton: They want me to take cash in Singapore for several month!
18 May 18:18 - Athene Ban: They said that to you too?
18 May 18:18 - Fullerton: Just now !
18 May 18:19 - Athene Ban: Tell them to bring it to Bangkok. How much each month?
18 May 18:31 - Athene Ban: If they bring it to BK can you handle? How much per month are they saying?
18 May 18:35 - Athene Ban: I have o ffered them to buy 30% of my c ompany. Then I will take the risk. It’s what BN want. A dodgy transaction. But I will do it
18 May 18:38 - Fullerton: What do you think of this : Hello, I’m copying Ho Kay Tat and Clare. As your number 2 is proposing an unacceptable solution I’m writing to you directly. The intermediary is in Dubai expecting the payment today or tomorrow at latest. They will leave end of the week and it will be done. If you don’t pay now I have to assume that you don’t want to pay me. By not paying me you are putting my family in big troubles ! I have paid some money to the people that helped me in this deal. I will not repeat all the facts, apparently you don’t care. By not honouring your word you are destroying my life. Be sure I will don the same to you !All of this started because Ps refused to pay me what was agreed when I left ! They didn’t think I could go so far ! I’m pretty sure they are regretting it now ! Do you think I will give up all of this and just walk away ! I have always and will do the things I feel are right and fair ! Believe me if you don’t send my 2 millions before Wednesday I will use my contacts to have your Pm and lovely wife to know about what you have planned ! I will add some facts to be sure the sedition act applies to you and your assistant ! I never wanted this, you are doing this to yourself ! So please consider what you have just read and act accordingly ! The decision is yours !
18 May 18:39 - Athene Ban: Do it
18 May 18:42 - Fullerton: Sent
18 May 18:45 - Athene Ban: Ok. When we all get message if you are OK. I will say to KT he can invest in SR instead Then I would filter to you.
18 May 18:47 - Fullerton: Will see what they say. I’m sure it will be no. But I do appreciate your help. Ireally do
18 May 18:52 - Athene Ban: If this is a compromise you will accept I will offer it. To be honest this story has boosted my site. It does have a commercial potential so the concept works. But of course it puts me in danger of compromise. They are desperate to make me out as money grubbing. Never mind. We handle it
18 May 18:55 - Fullerton: If they accept I will also. Tell me if they say something. Thank you for this
18 May 18:56 - Fullerton: Tong has read but not kt
18 May 18:56 ºAthene Ban: Ok I am up for it.
18 May 19:02 ªAthene Ban: I have not received so not in this loop officially. Shall I send separate text?
18 May 19:03 - Fullerton: Hello, Im copying Ho Kay Tat and Clare. As your number 2 is proposing an unacceptable solution I’m writing to you directly. The intermediary is in Dubai expecting the payment today or tomorrow at latest. They will leave end of the week and it will be done. If you don’t pay now I have to assume that you don’t want to pay me. By not paying me you are putting my family in big troubles !I have paid some money to the people that helped me in this deal. I will not repeat all the facts, apparently you don’t care. By not honouring your word you are destroying my life. Be sure I will do the same to you ! All of this started because Ps refused to pay me what was agreed when I left ! T hey didn’t think I could go so far ! I’m pretty sure they are regretting it now ! Do you think I will give up all of this and just walk away ! I have and always will do the things I feel are right and fair! Believe me if you don’t send my 2 millions before Wednesday I will use my contacts to have your Pm and his lovely wife to know about what you have planned ! I never wanted this, you are doing this to yourself ! So please consider what you have just read and act accordingly !The decision is yours !
18 May 19:04 ºAthene Ban: Just got
18 May 20:00 - Athene Ban: No reply
18 May 20:01 - Fullerton: No reply. They both read it
18 May 20:02 - Athene Ban: They are conferring
18 May 20:02 - Athene Ban: KT has also read my offers
18 May 20:05 - Fullerton: I think they may have the pm sickness : to feel above everything !
18 May 23:50 - Athene Ban: They are saying don’t threaten bla bla. Also
18 May 23:51 - Athene Ban: Either cash or they buy 30% of my company and I sort it with you. Horrible as it will show on my accounts. But never mind
19 May 00:00 - Athene Ban: They are going to get some of my company for this. It was what they suggested from the start
19 May 00:00 - Athene Ban: They are going to get some of my company for this. It was what they suggested from the start
19 May 00.04 - Athene Ban: He now says he is going to sleep. ! Skype again tomorrow? We need to trash it out
19 May 01:04 - Athene Ban: They seem keen to do this. So I will come to Singapore and cut a deal. We need to find a way to move on from there. We will have to tread carefully but at least it will be yours
19 May 14:05 - Athene Ban: They are clearly willing to go with this route. I guess they like the idea of having a stake in SR. I have asked for confirmation that they are all serious and then if they are I will tell them d’accord from you. They are asking about lawyers my end so they seem serious
19 Mat 14:26 - Fullerton: At least it’s seems we are getting close to a solution. If it works I would be eternally thankful. Hope and fingers crossed
19 May 14:32 - Athene Ban: Yes. I just have to be wary of ANY attempt to controlmy output
19 May 14:35 - Fullerton: With 70% of the shares under your control you have the power to do whatever you want. And control them, not the other way around !
19 May 16:32 - Athene Ban: He wants to pay through BVI company!! It will look horrible in my published accounts! I will talk it through face to face. Better that deali g with the awful KT
19 May 16:37 - Fullerton: Where are SR accounts located?
19 May 16:37 - Athene Ban: UK. Companies House will publish a basic version of them which will include the injection of new shares etc. I will discuss with my accountant. It would be nicer if he could openly take up the role. But if not let them squeal. They will say I criticise BVI companies but use them myself. Sigh
19 May 16:42 - Fullerton: I know ! But bvi are also used by normal people to be more discrete. I’m not sure normal applies to our two malaysian friends !
19 May 17:11 - Athene Ban: Well I know. But j am campaigning to prevent these tax havens. They will call me a hypocrite. I will not make a fuss till I see them and can work out a solution with Tong direct
19 May 17:47 - Fullerton: I’m quite sure they would love to have their stake in SR public and have some recognition for this ! Don’t you think ?
21 Mat 15:10 - Athene Ban: Yes They have agreed to both meet me end month in Singapore. I will have to do something about this in terms of legal. What I am advised I could do is get them to pay into a solicitors account the I might be able to say direct to you. Need to work on getting advice today
21 May 15:19 - Fullerton: That would be great ! For me and for your ! That means no record on your accounts ?
21 May 15:23 - Athene Ban: Way of diverting money I hope straight over
21 May 15:23 - Athene Ban: But no idea yet
21 May 17:36 - Fullerton: Ok. Let me justo know what advice you will received. Thanks again!
21 May 18:16 - Athene Ban: Waiting on the lawyer
23 May 19:32 - Athene Ban: I will see them June 1st and sort something
23 May 19:36 - Fullerton: Thanks for the news. It is ok for your lawyer ?
23 May 19:40 - Athene Ban: She is cagey about this. Writing to her now. We don’t want it to look like something it isn’t and I don’t want this guy to leverage my conscience to take over a chunk of my company. He had agreed and is changing the goal posts as she is pointing out. But I feel fairly confident I will make this work
23 May 19:49 - Fullerton: Hope it will work ! And that they will not come with something new. Thank you and fingers crossed ! Any new story coming out?
24 May 15:25 - Athene Ban: Free now
26 May 17:24 - Athene Ban: Did you get it out?
26 May 18:13 - Fullerton: Waiting tomorrow morning to be sure. We emptied the credit card already hopefully we will get almost everything tomorrow morning ! it’s seems good !!!!
26 May 18:13 - Fullerton: It will buy a lot of time for us !
26 May 18:16 - Athene Ban: Yes. I am hiring a new lawyer. They are now offering to do me a donation! I would prefer this but am worried about tax implications etc. So will discuss with the lawyer.
26 May 18:18 - Fullerton: Ok, hope he will find a good plan ! Let me know if I can be of any help
26 May 18:19 - Fullerton: Thanks again !
26 May 18:32 - Athene Ban: I will.
27 May 22: 37 - Athene Ban: Meanwhile KT is playing yet more games. I went on his request and sorted a lawyer to day and now suddenly he is saying don’t get a lawyer just let us pay anonymously into your bank account as a donor from BVJ! I will get the money laundering legislation straight on to me plus scrutiny from Malaysians. Not sure if this is their latest scam to avoid paying.
28 May 04:33 - Fullerton: I thought it was going well… I don’t know what to add. Still meeting them next week?
28 May 04::35 - Athene Ban: I hope this latest game play by KT plays out. I a fed up with him. I have all his messages. If he wants we can sink him.
28 May 04:38 - Fullerton: I was hoping for good news… What a shame
28 May 04:39 - Athene Ban: Hope that tomorrow he agrees to what we both set out. His lawyer contacts my lawyer. It is unbelievable this behaviour
28 May 04:49 - Fullerton: Are you meeting them the first ?
28 May 11:48 - Athene Ban: First he wanted it done lawyer to lawyer before. Now he is saying no need for lawyers. But I want lawyer to protect against laundering allegations. He is saying now if I want a lawyer they must have a chunk of my company. He is now asking for 20%. I will agree 10 or they have to pay me something too !!
28 May 13:13 ºFullerton: You should get some money too ! You have done so much !
28 May 13:16 - Athene Ban: Well I would likemot to lose. They are asking 20%. I can take that
28 May 13:24 - Fullerton: I can’t push you to accept even if the way to end this story and the troubles ! It’s not who I’m. But whatever you do I will always have a lot of respect for what you are. You have no other motivation than to stop the corrupted systems ! These two have no respect for their words and are scared of their own shadows !
28 May 13:25 ºAthene Ban: Don’t worry I will do it. T hey are only asking for 20% which is safe enough
29 May 00:42 - Athene Ban: Ihave told them they can have 20% of the company. Too small a share to affect things. We seem to have agreement
29 May 03:23 ºFullerton: I really hope they will not again change their minds … It has been a roller coaster for so long….
29 May 03:26 - Athene Ban: I think it will be ok. But it will be a painful prcess to then get it over to you. I can’t just Bung it to you the follwing week. But we can find ways I gather. This has been an education I could have done without!
29 May 03:28 - Fullerton: Same for me ! What a suffering process…Once in your control I can handle things and we will have time !
29 May 03:32 ºAthene Ban: Yes it seems the best way. I won’t dash o ff with it! Meanwhile what do you think of where this is going? In any normal environment Najib would have done for. I think I have done one more deadly blow form a separate source. Maybe he just calls in the army? But they won’t follow I don’t think
30 May 17:49 - Fullerton: Still meeting them Monday ?
30 May 20:56 - Athene Ban: That’s why I am going. They say so! 1030 am. But no place yet given
31 May 17:35 - Athene Ban: Pissing me about. Changed meeting from 1030 to 330pm. But at least meeting apparently. Ihave pulled my lower back and come a long way so they better!
31 May 18:10 - Fullerton: They are so bad educated ! How long are you staying ?
31 May 18:11 - Athene Ban: 3 days. But everything is moving so not sure. But hopefully news for you tomorrow pm
31 May 18:18 - Fullerton: Will be a long wait…
31 May 18:36 - Athene Ban: oZZZ
1 Jun 11:52 - Fullerton: Good morning ! Hope your back is better ! Goo d luck with the meeting !
1 Jun 11:59 - Athene Ban: Meeting was ok. Just me and KT of course. But he made it clear he is desperate to get it sorted and his friend is fearful etc. We wrote an email to our two lawyers naming the donation and the guy from the other side got back to say he is traveling but asking for telephone details for call on Thursday to my guys copied in. There are issues about donor wanting name out of it but we should get through the business now both sets of lawyers are talking I meet KT again tomorrow. It’s just processing now
1 Jun 12:13 - Athene Ban: You will get it. That’s the main thing
1 Jun 12:36 - Fullerton: Thanks for the update Clare ! Feel much better ! Will order a beer now…A kind of small celebration for the moment !
1 Jun 12:39 - Athene Ban: Yes I think that’s in order. It seems to be on its way onto my company at least. Then we can start to get it to you
1 Jun 13:42 - Fullerton: Once it’s in your hands I will really celebrate. Coming back to the UK tomorrow ?
1 Jun 16:18 - Fullerton: Hope to celebrate with you when you receive the donation !
1 Jun 16:23 - Athene Ban: Well yes! Although it is goi g to be worrying for me to have to handle it without causing questions it will have w be registered in next years account and there are people looking for just this sort of thing to tear into me and say Iam being funded by forces of darkness
2 Jun 12:32 - Fullerton: Sorry for not replying yesterday. Sick with a cold 35degrees!And your back pain? How was the meeting?
2 Jun 13:04 - Athene Ban: They are definite about paying. They are just fearful. KT says he is piggy I. The middle and desperate to sort this out. We hope the lawyers will sort this out end of week. T doesn’t want to disclose who is behind the payment but I have already told my lawyers
4 Jun 08:49 - Athene Ban: It’s painful bit the lawyers are interfacing. Mine are beefing that are being awkward so excuse to bump up charges of course!
4 Jun 11:01 - Fullerton: At least there are communicating! Just left my wife and son boarding the plane to Switzerland. Miss them already!!
4 Jun 11:02 - Athene Ban: Yes it should go through but my lawyer will charge
4 Jun 11:03 - Fullerton: I know, it’s normal! I’ll pay or you deduct them from the payment
4 Jun 15:04 - Athene Ban: Yea. Just warning
6 Jun 08:05 - Athene Ban: Proceeding o think. The lawyers of our friend is opening his own law firm so that the money goes through that client account and not the main one he works for! That is how nervous they are and eyebrows are twitching at my end with people coughing about extra due diligence costs. I just really hope this isn’t going to provide the weapon my growing band of enemies are looking for. Wondering if you should be opening a media consulting business over in Indonesia or the Philippines with a small bank account in the hope of picking up work? I want to get as much of this as possible done through the client accounts
+6017-6868217: 1st Defendant
Fullerton: 1st Plaintiff
________________________________
22 Apr 14:50 - +6017-6868217: Hi it’s me frm Fullerton hotel meeting
22 Apr 14:50 - +6017-6868217: I am using a more secure line
22 Apr 14:52 - Fullerton: Ok I understand. Are you ready to act on what we agreed. Timing is important now
22 Apr 14:55 - +6017-6868217: I have to reconnect wth Boris in spore
22 Apr 14:56 - +6017-6868217: Mtold u now uv a Hong Hong channel
22 Apr 24:56 - +6017-6868217: Is that correct?
22 Apr 14:57 - Fullerton: I have opened an account in hk with the name of my company. Same name than in the invoice that I signed with the boss. So no need from Boris
22 Apr 14:58 - +6017-6868217: U r the owner of the co?
22 Apr 15:07 - Fullerton: Yes !
22Apr 15:15 - Fullerton: It’s safer and more discrete. Nobody will know except me
22 Apr 15:41 - +6017-6868217: Gig me till the morn
22 Apr 15:46 - Fullerton: Will wait till tomorrow morning them
22 Apr 15:58 - +6017-6868217: Ok
23 Apr 14:21 - Fullerton: Hello. Can I send you the details for the payment. The bank is expecting the payment early next week. Thanks
23 Apr 17:59 - Fullerton: ?
23 Apr 22:57 - +6017-6868217: Still trying
24 Apr 16:21 - Fullerton: ?
25 Apr 07:45 - +6017-6868217: M doing my best
25 Apr 12:48 - Fullerton: Ok. Keep me posted. Thanks
8 May 16:07 - +6017-6868217: Hi our lady says u hv found an intermediary
8 May 16:07 - +6017-6868217: Pls tell me what the company does n how transaction will be done
8 May 16:37 - Fullerton: The company is a compensator company. It’s use by only high net worth clients but I could use my contacts in Luxembourg to help me. They receive money in bank and deliver it in another one without transferring the money effectively. They have money in different places (Singapore, Luxembourg, Switzerland, Dubai etc). They will give me a name and a bank account and you will transfer the money there. They will compensate me trough another bank. And it will cost me 100000.- (5%) !!! That’s the price for their service and their discretion. T here is no trace and it’s not related to me ! That’s what you asked. I will get all the details Wednesday or Thursday. I will forward them immediately to you, and we will end this quickly and discretely.
8 May 16:54 - +6017-6868217: Do we need to meet in spore?
8 May 16:55 - +6017-6868217: We meet after u finalize details ? No point meeting before that right?
8 May 16:56 - +6017-6868217: Originally supposed to meet lady n u on Monday may 11
8 May 16:56 - +6017-6868217: But no point until after you have finalize details your end
8 May 17:20 - Fullerton: No need to meet again. Let me have all the details in place and I will contact you next week.
8 May 17:39 - +6017-6868217: Ok
15 May 07:34 - Fullerton: Hi. Please find below the details for the transfer of the 2 $. There are expecting the payment to be made this Monday.
Bank: National Bank of Dubai, Al-Suk Branch, Burdubai
Favor: Diamond in the Rough FZE
Account: 50259922
Iban:AE590260001025025992202
Swift: EBILAEAD
Thanks a lot. Please confirm when the transfer is done.
15 May 18:43 - Fullerton: If they don’t get the transfer by Tuesday at latest this option will expire ! And it’s the last option.
15 May 18:53 - +6017-6868217: Will revert
17 May 15:11 - Fullerton: Very nice and very professional article !
18 May 09:35 - Fullerton: Hello. Waiting for your confirmation of the payment date. The intermediary is in Dubai this week to organise the transaction. T hanks for an update !
18 May 18:11 - +6017-6868217: Wd u b ok if its cash? U make several visits to place of previous meetings over next several mths n u get cash
18 May 18:16 - Fullerton: Are you joking or insane?
18 May 18:42 - Fullerton: Hello, I’m copying Ho Kay Tat and Clare. As your number 2 is proposing an unacceptable solution I’m writing to you directly. The intermediary is in Dubai expecting the. payment today or tomorrow at latest. T hey will leave end of the week and it will be done. If you don’t pay now I have to assumme that you don’t want to pay me. By not paying me you are putting my family in big troubles ! I have paid some money to the people that helped me in this deal. I will not repeat all the facts, apparently you don’t care. By not honouring your word you are destroying my life. Be sure I will do the same to you !
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1. XAVIER ANDRE JUSTO'S STATEMENT OF CLAIM AT THE HIGH COURT OF SINGAPORE
2.
– - –
RELATED: DFNCE [SIC.] OF THE 1ST DEFENDANT
REPORTED BY MALAYSIA TODAY
Case No. HC/S 986 of 2015 )
Between
1. XAVIER ANDRE JUSTO
(Switzerland Passport No. X1813585)
2. JUSTO CONSULTING CO LTD
(ID Unknown)
… Plaintiffs
And
1. TONG KOOI ONG
(NRIC No. S2768952C)
2. HO KAY TAT
(Malaysia Passport No. A20725350)
3. CLARE REWCASTLE-BROWN
(ID Unknown)
… Defendants
DFENCE [sic.] OF THE 1ST DEFENDANT
1. This Defence is filed without prejudice to the 1st Defendant’s averment that the Plaintiffs’ claim herein discloses no reasonable cause of action, and/or is scandalous, frivolous, vexations, and/or is an abuse of process, and/or may prejudice, embarrass or delay the fair trial of the action, and ought to be struck out.
2. For ease of reference, the 1st Defendant adopts the terms and definitions used in the Statement of Claim (“SOC”), unless otherwise stated.
3. Paragraph 1 of the SOC is not admitted. To the best of the 1st Defendant’s knowledge, the 1st Plaintiff was a director and an executive in the PetroSaudi group of companies while he was employed by PetroSaudi.
4. The 1st Plaintiff is widely reported to be in prison in Thailand serving a 3 year jail sentence since August 2015 based on his admission of blackmail and attempted extortion since August 2015 based on his admission of blackmail and attempted extortion of his former employers, PetroSaudi, in Thailand. The 1st Plaintiff is also widely reported to have given a confession or confessions in which he had admitted to stealing data from PetroSaudi which he had threatened to reveal as part of his attempts to blackmail and/or extort money from PetroSaudi.
5. Paragraph 2 of the SOC is not admitted. The 1st Defendant is not aware of who the 2nd Plaintiff is save that it was the name the 1st Plaintiff used in the letter titled “Sale of Justo Property IT Software” dated 23 February 2015. The 1st Defendant finds it strange that the 1st and/or 2nd Plaintiffs do not know the 2nd Plaintiff’s own company registration number. The 1 Defendant also notes that the address provided for both the 1st and 2nd Plaintiffs in the Writ of Summons is widely reported to be the address used for the 1st Plaintiff’s alleged sunbed-tanning business in Koh Samui, Thailand known as “Always The Sun”.
6. Paragraphs 3(1) to (3) of the SOC are admitted.
7. Paragraphs 4 to 6 of the SOC are denied save and insofar as stated herein and as follows:- (a) The 1st Defendant did not receive any Pen Drive or Hard Drive together with their contents from the 1st and/or 2nd Plaintiffs as alleged; (b) As per the 1st Plaintiff’s request, the 1st Defendant signed a letter titled “Sale of Justo Property IT Software” dated 23 February 2015; and (c) The 1st Defendant has never been part of any WhatsApp messaging group with the 1st and/or 2nd Plaintiffs as alleged or at all.
8. Save that it is admitted that the 1st Plaintiff did ask the 1st Defendant once for payment via WhatsApp and that the 1st Defendant did not pay any money to the 1st and/or 2nd Plaintiffs, paragraph 7 of the SOC is not admitted.
9. Paragraphs 8 of the SOC is not admitted.
10. The 1st Defendant does not plead to paragraph 9 of the SOC as it is not a plea against him.
11. The 1st Defendant avers the the 1st and 2nd Plaintiffs’ plea at prayers (1), (2) and (3) of the Relief that the Goods and all copies of the Goods (with the data therein) be returned to them cannot be acceded to and/or the 1st and/or 2nd Plaintiffs are not entitled to the same as the 1st Plaintiff was widely reported to have confessed that he had stolen the data from PetroSaudi. Further, the 1st Defendant’s solicitors has written to PetroSaudi on 2 November 2015 and invited them to join themselves as a party of this action, failing which, the 1st Defendant may have to join them as a party to this action or take out an interpleader application in order for the court to determine the ownership of the Goods and whether the Goods and all copies of the Goods (with the data therein) are to be handed to the 1st and/or 2nd Plaintiffs or not.
12. Save as hereinbefore expressly admitted, the 1st Defendant denies each and every allegation contained in the SOC as if the same were herein set out seriatim and specifically traversed.
Dated this 3rd Day of November 2015
____________________________________
SOLICITORS FOR THE 1ST DEFENDANT
MESSRS DAVID LIM & PARTNERS LLP
To: The Plaintiffs and/or their Solicitors
M/S DAMODARA HAZRA LLP
3 Shenton Way
#10-08 Shenton House
Singapore 068805
(Your Ref : DM/2015-0062-L/i)
('Dfnce (sic) of the First Defendant.' – Malaysia Today, November 3, 2015)
👋🏽
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The NINE QUESTIONS Blog will return with more facts.
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