The Editor, Malaysiakini
17 August, 2019
Dear Sir
Re: Your Article captioned “Accused of Conspiracy to defraud”; S’wak Legal advisor drags in Mukhriz’
I refer to the above article published by Malaysiakini on 16 August, 2019.
1. For the record you never contacted me to verify what you published in the above Article.
2. The Article contained allegations which are absolutely false and defamatory and I reserve all my legal rights against Malaysiakini and yourself for the publication thereof. You have repeated what Sarawak Report had said and hence you are equally liable as Sarawak Report the publication of these false and defamatory allegations against me.
3. You alleged that I have conspired against Tan Yak Soon who successfully obtained an award of RM285 million from fellow business partner Ha Tiong Noon.
4. I do not know and have never met a person named Tan Yak Soon and I have never seen an award of RM285 million made in favour of Tan Yak Soon against his former business partner Ha Tiong Noon. Therefore unless you can show to me there is an award of RM285 million for Tan Yak Soon against Ha Tiung Noon, by sending the award to me at datukjcfong@gmail.com by 4pm on Monday, 2019, I call upon to publish a correction and withdrawal of the allegation there is such a person called Tan Yak Soon who was awarded a sum of RM285m against Ha Tiung Noon or indeed there was such an award.
5. You published that there were court documents implicating me in a “conspiracy to defraud”. To my knowledge up to today I was never sued by Tan Yak Soon or indeed anybody else, for “conspiracy to defraud”. As you mentioned there were “court documents” implicating me, please show me copies thereof by sending to my above email address by 4 pm on Monday. Failing which Malaysiakini, if it is indeed not a purveyor of falsehoods, should publish a correction and withdrawal of the said allegation that I was implicated in Court documents as part of conspiracy to defraud.
6. Allegations of conspiracy (not to defraud an award or judgment of RM285m) are made in an ongoing civil case, viz. Suit No KCH-21NCvC-5/6-2018, before Kuching High Court brought by the Liquidators of Tanjung Tiara Sdn Bhd (not Tan Yak Soon) against 6 Defendants and I am not one of the Defendants. I am Counsel for all 6 Defendants. I would not have been able to act for them if I have been accused of being a conspirator.
7. There is a wicked plot to stop me from acting for the defendants in this Civil Suit to the extent that I am getting into trouble with the Prime Minister’s son whom, as you correctly pointed out, was never named by me and I never said anything about a “logging contract” obtained by that person in 1994.
8. I will not be deterred by such wicked designs. As a true professional with 47 years in the service of the Law, I will uphold the sacred principles of acting for clients without fear or favour. I follow the example of the patron saint of lawyers, St Thomas More, in being prepared to make sacrifices in upholding the Rule of Law.
9. I trust Malaysiakini will report proceedings in the above case, as I repeat, through this case the truly greedy and corrupt ones will be exposed without mercy. To me this is the real reason why some quarters are trying with the help of Sarawak Report to prevent me from handling this case.
10. Finally, if you fail to show and publish the documents I have asked you to do in paragraphs 4 and 5 above and a correction and withdrawal by 4 pm on Monday, 19 August, 2019, you must be deemed to have adopted what you have republished. I shall place this matter in the hands of my lawyers for legal action to be instituted against Malaysiakini and your goodself, without further reference to you.
11. In the meantime, I reserve all my legal rights against you and Malaysiakini.
Fong Joo Chung
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