How legal dispute between oil firms escalated into 'judicial fixing' saga

How legal dispute between oil firms escalated into 'judicial fixing' saga

What began as a dispute between Malaysia's Petronas and Norway's largest oil services firm Aker Solutions ASA has escalated into claims of judicial fixing that have rocked the legal fraternity.

The last two weeks saw a flurry of developments - the charging of an Aker Solutions manager, the Malaysian Bar expressing concern over alleged misconduct by one of its members - and most intriguing was a police report by the Office of the Chief Justice against a senior lawyer for allegedly bringing the judiciary into disrepute.

The piecemeal developments fell into place when Sarawak Report made public a text message conversation, purportedly between an Aker Solutions representative and someone who is engaged in a legal battle against the Norwegian firm in Malaysia.

In the text messages, the representative advised the litigant to go for a settlement, guaranteeing that their appeal won't succeed as the "path is taken care for us".

The representative claimed that senior lawyer Lim Chee Wee had confirmed with Aker Solutions that "the path is covered until the Chief Justice", as they had sought the help of another senior lawyer, Rosli Dahlan.

The litigant, who appeared sceptical, asked if he was sure and why would Chief Justice Tengku Maimun Tuan Mat risk her reputation for Aker Solutions. To this, the representative replied: "Yes, I promise you."

Aker Solutions had dismissed the text message as "fabrication". Both Lim and Rosli have also denied the claims and lodged police reports on the matter.

The conversation did not specify which court case they were discussing but Aker Solutions is known to be engaged in a civil suit with a former employee.

K Seetha, a former legal director with Aker Solutions sued, the oil firm for purportedly stopping her from speaking to investigators. She was subsequently fired in February 2018, according to Reuters.

Cheating charge

At the time, the MACC was investigating Aker Solutions for allegedly making false representations in order to secure licences for its Malaysian unit from Petronas.

This culminated with Aker Solutions manager Ahmad Hatta Kamaruzzaman being charged on June 11 under Section 417 of the Penal Code for cheating, which carries a jail term of up to five years, or a fine or both, upon conviction. He pleaded not guilty.



Ahmad Hatta was accused of misrepresenting the bumiputera ownership of Aker Solution's Malaysian unit, which was a requirement to secure the licences from Petronas.

However, the civil case between Seetha and Aker Solutions is still ongoing. Little details are available as Aker Solutions had secured a gag order from the court.

The civil suit, which is seeking damages, alleged Aker Solutions had abused the court process and engaged in a conspiracy.

Seetha's suit claimed Aker Solutions obtained a court order to seize her laptop and gain access to her email account after the MACC sought her assistance in the investigation.

Aker Solutions denied Seetha's claims and alleged that she breached her confidentiality obligations. It also denied misrepresenting the shareholding composition of its Malaysian unit.

The case is up for appeal in the Court of Appeal.

The case received renewed attention following the circulation of the text messages.

The messages were making rounds in certain circles before these were made public by Sarawak Report on June 19.

CJ office lodged a report

After the text messages came to the attention of the Chief Justice's office, it lodged a police report on June 7.

The police report was confirmed by Sepang District police chief Wan Kamarul Azran Wan Yusof, according to Free Malaysia Today.

On the same day the text messages were released, Malaysian Bar president AG Kalidas said he was deeply troubled over suggestions that decisions made by the judiciary could be influenced.

Malaysia Bar president AG Kalidas

He said the incident "not only sullies the good name of the entire legal profession but fundamentally erodes the confidence placed in us by the public as upholders of the law and justice" and he gave his assurance that mechanisms were in place to deal with misconducts.

A day after the release of the text messages to the public, Lim, who is a former Malaysian Bar president, lodged a police report.

He said the text messages contained "fabrications and baseless allegations" and were a case of criminal defamation.

"I never made any such statements in the purported text messages. I do not know the party who allegedly sent the purported text messages.

"The company named is no longer my client since I left my former firm in June 2020. I am not involved in any alleged settlement and appeal involving the company," Lim said in a statement.

'No personal ties with CJ'

Rosli, who was also mentioned in the text messages, also claimed criminal defamation. He too lodged a police report yesterday.

In the police report sighted by Malaysiakini, Rosli said he was summoned by the Sepang police based on the police report made by the Chief Justice's office.

He said he was made aware of the text messages on June 14, and these were subsequently published by Sarawak Report on June 19.

The senior lawyer said he had no knowledge of the legal dispute discussed in the text messages, nor has he had any dealings with Aker Solutions.

Rosli added that he knew Lim as a former Malaysian Bar president and lawyer but had not discussed the said dispute with him. He said their relationship was purely professional.

Furthermore, Rosli said he also did not have a personal relationship with the Chief Justice, has not met her in a social setting and does not possess her contact number.

Rosli went on to list a long history of incidents where people have tried to portray him as a "sly lawyer" and that he had taken legal action against them and won.

He maintained that the text messages were slanderous.