dalam wilayah persekutuan, malaysia2 guaman …...mar 16, 2017 · so adakah ini penyata saksi...

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silverDALAM MAHKAMAH TINGGI MALAYA DI KUALA LUMPUR 1

DALAM WILAYAH PERSEKUTUAN, MALAYSIA 2

GUAMAN SIVIL NO : S-22-94-2010 3

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ANTARA 5

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LOGICAL OPERATIONS CONSORTIUM SDN BHD 7

(No Syarikat : 394720-X) …PLAINTIF 8

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DAN 10

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1. ABDUL RAHIM BIN ABDUL RAZAK 12

(No K/P : 600915-07-5393) 13

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2. SILVERLAKE SYSTEM SDN BHD 15

(No Syarikat : 182899-W) …DEFENDAN-DEFENDAN 16

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TARIKH : 19.12.2014 18

MASA : 09:13 AM 19

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NOTA KETERANGAN 21

Koram 22

Hakim

Yang Arif Siti Khadijah Bt S. Hassan

Badjenid

YA

Peguam Plaintif

S S Tieh

SST

Peguam Defendan

Pertama

Abdul Rashid Ismail

Wan Norizan

ABR

WNZ

Peguam Defendan

Ke-2

H L Choon

Elaine Siaw

HLC

ELS

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Saksi – Saksi 1

SP-1

Singanallur Venkataraman Narayanan

SINGA

SP-2

Udhaya Kumar A/L Naranam

UDHAYA

SD-1

Razak Bin Mohd Mazlan

RAZAK

SD-2

Abdul Rahim Bin Abdul Razak

RAHIM

2

Jurubahasa - JRB Penterjemah - PTJ 3

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MULA 1

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JRB Dengan izin Yang Arif, kes untuk sambung bicara, S-22-94-2010, 3

Logical Operations Consortium Sdn Bhd lawan Abdul Rahim bin Abdul 4

Razak dan satu lagi. 5

6

SST Dengan izin Yang Arif, S S Tieh for the Plaintiff. My learned friends, 7

Encik Abdul Rashid Ismail for the First Defendant and my learned 8

friend, Mr H L Choon together with Ms Elaine Siaw for the Second 9

Defendant. My Lady, today is for continued trial. I think the Second 10

Defendant will be calling their witness first. 11

12

HLC May it please you, My Lady, the Second Defendant would like to call 13

its only witness, Razak bin Mohd Mazlan. 14

15

YA Before that, (00:01:31 inaudible) close the case? 16

17

SST I didn’t have the opportunity to mention that the last date. The Plaintiff 18

closes its case. 19

20

SD1 21

Nama : Razak bin Mohd Mazlan 22

Umur : 50 23

Alamat: Lot 2327, Jalan Labu, Nilai, Negeri Sembilan 24

Pekerjaan: Senior Vice President Silverlake System Sdn Bhd 25

Bersumpah dan memberi keterangan dalam Bahasa Inggeris 26

Masa : 9:17 AM 27

28

Pemeriksaan Utama (Examination-in-Chief) 29

30

HLC Yang Arif, the witness have actually tender a Second Defendant’s 31

Witness Statement that have been filed before, and I believe that 32

there are some amendments the witness wishes to make. Do you 33

want me to say it? I mean, faster. 34

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YA You might as well put this in first and then you take (00:06:56 1

inaudible) 2

3

HLC So we mark this first? 4

5

YA Mark this first. 6

7

HLC All right. 8

9

YA Get him signed first. 10

11

HLC Okay. Encik Razak, can you confirm that this is your Witness 12

Statement? 13

14

RAZAK Yes. 15

16

YA Your oath was in Bahasa Malaysia. 17

18

RAZAK The previous one. 19

20

YA Your oath was in Bahasa Malaysia, you want to speak in English? You 21

might as well choose what language. 22

23

HLC It’s a mixture, I think. 24

25

RAZAK Can I do a mixture? 26

27

YA Yes, but not too much. 28

29

RAZAK Saya boleh cakap dalam Bahasa Melayu and kalau some perkataan-30

perkataan dalam Bahasa Inggeris, saya boleh cakap dalam Bahasa 31

Inggeris. Yang Arif boleh? 32

33

YA Kalau dah ambil sumpah dalam Bahasa Malaysia, cakap Bahasa 34

Malaysia. (00:07:36 inaudible) 35

36

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HLC But the Witness Statement was prepared in English. 1

2

YA I cannot force the witness. 3

4

HLC Yes. 5

6

YA His choice. 7

8

HLC Okay. So adakah ini Penyata Saksi Encik Razak? 9

10

YA Mr Choon, you can speak in English. No problem. The answer 11

(00:07:58 inaudible), the answer. 12

13

HLC Once I start asking in English I think he will be very. 14

15

YA No problem, any language. Choose the language that you want to. 16

17

HLC Encik Razak, can you confirm that this Second Defendant’s Witness 18

Statement is your Witness Statement? 19

20

RAZAK Yes, it’s my statement with some changes to the statement correct? 21

22

HLC The changes, we’ll make later, but as it is, this is your statement? 23

24

RAZAK Yes, it’s my statement. 25

26

YA Are you more comfortable in English? Then might as well. 27

28

RAZAK I can speak in English first but something that I need to refer as I can 29

explain further in Bahasa because most I think I communicate with my 30

customer in Bahasa, that’s easier for me to communicate in Bahasa. I 31

can speak in English first, okay. That’s fine. I will start in English. And 32

then later on, if any, I prefer to choose the language in Bahasa. 33

34

YA If necessary? 35

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RAZAK Yes, if necessary. 1

2

YA Only when you require once in a while? 3

4

5

RAZAK Yes, is it okay to Yang Arif? 6

7

YA No, for me it’s all right but the practice is that, if you want to give your 8

evidence in English, you just take your oath in English. No problem. 9

10

RAZAK Okay. I will do that. 11

12

HLC So, you confirm this is your Witness Statement? 13

14

RAZAK Yes, it’s my Witness Statement. 15

16

HLC And you confirm the truth of the content in all the answers contained in 17

this Witness Statement? 18

19

RAZAK Yes. 20

21

HLC Yang Arif, I would like to tender this Second Defendant’s Witness 22

Statement and to be marked. 23

24

JRB Witness Statement (D2)SE-DW1 25

26

HLC Encik Razak, do you have any changes that you wish to make to the 27

Witness Statement? 28

29

RAZAK There’s a few changes, Yang Arif, I would like to make to my Witness 30

Statement. The first one in the Q1. There’s a typo error for my name, 31

Razak, supposed to be Razak Mohd Mazlan. Q6, how did you know 32

the Plaintiff? The statement should be, I first knew the Plaintiff from a 33

project known as Bank Islam Credit Card project, which was done 34

before the Bank Rakyat project. 35

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SST Delete “enhancement”? 1

2

RAZAK Yes, delete “enhancement”. 3

4

HLC Any other amendment? 5

6

RAZAK Q7. “I knew him when we met first time from the Bank Rakyat project, 7

which was attended by Uday”, sorry, attended by First Defendant. 8

9

HLC Wait, you got to tell us what changes are you making. You can't just 10

read like this. 11

12

RAZAK Remove “I knew Uday from the Bank Islam Credit Card Enhancement 13

project. For Dr Narayanan” deleted. 14

15

SST So remove “enhancement”? 16

17

RAZAK Yes. 18

19

HLC No, remove the first sentence. And then? 20

21

RAZAK Can I get my amended statement which are some. 22

23

HLC No, you just tell us, why don’t you just tell us what is the answer? 24

Then we just write down the answer. 25

26

RAZAK Okay. The question is, do you know Dr Narayanan and Mr Udhaya 27

Kumar? Delete “I knew Uday from the Bank Islam Credit Card 28

Enhancement project. For Dr Narayanan” also delete. You have to 29

delete this two. And then I knew them first time from Bank Rakyat 30

project with the First Defendant. It was the First Defendant set up. 31

32

HLC No, Razak, tell us the answer. You don’t tell us delete what, delete 33

what because it’s very confusing. You just tell us the answer, we just 34

copy down. 35

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YA (00:14:32 inaudible) now, you give one copy to the witness, everything 1

or whatever you want to cancel you can (00:14:36 inaudible). 2

3

RAZAK Yes, can I do that? Thank you, Yang Arif. 4

5

YA And then, I’ll just get. 6

7

HLC Okay. 8

9

[00:15:00] 10

11

YA (00:15:35 inaudible). 12

13

HLC No, I think (00:15:39 inaudible). There are not many of them. 14

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SST I’m obliged. 18

19

YA So I think counsel can assist so that (00:18:16 inaudible) 20

21

HLC Yes, just now we already checked. Yang Arif, I would just like to make 22

an amendment to Question 9. The question itself, not the answer. 23

Instead of asking the negative, Question 9, there is at page 3, please 24

delete the first line. Then in the second line, instead of “didn’t you 25

know about”, I would just change the question of “did you know 26

about”. So the whole question now reads, “did you know about the 27

Plaintiff’s expertise”. 28

29

YA The others have got the amendment made by the witness on this 30

page? 31

32

HLC Yes. Encik Razak, do you have any other amendment? 33

34

RAZAK No. 35

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HLC I have two supplemental questions for the witness. The first question 1

is in relation to Ikatan Dokumen Tambahan 2 Defendan Kedua that 2

I've just furnished the copy to the court and the counsel. 3

4

YA Ikatan Dokumen? 5

6

HLC I call it Ikatan Dokumen Tambahan Kedua Defendan Kedua. Later on 7

we’ll probably mark it as B14. Which later we’ll mark as B15 and as 8

exhibit D303 but now my question is that. 9

10

YA B15 or 14. 11

12

HLC 15 because this is 14. This loose document was 14. 13

14

YA This is D302. 15

16

HLC Yes, D302, no doubt, there’s exhibit number but for just ease of 17

reference as bundle. 18

19

YA (00:21:18 inaudible) 20

21

HLC Because we have B1 – B13 already before this. 22

23


25

HLC We just call this B so that’s easier for reference only. That’s why I think 26

at that time it was called B14 and then. 27

28

YA Did he refer to it as B14? 29

30

HLC I think so. 31

32

SST I don’t recall. 33

34

YA You cannot recall? 35

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SST I don’t recall we record it as B14. I know it was marked as. 1

2

HLC Yes, it has been marked. It’s just for ease of reference. 3

4

YA How many (00:21:44 inaudible) 5

6

HLC I think at that time we just thought that we treat this as a bundle but it 7

doesn’t matter. 8

9


11

HLC Okay. Sure. 12

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15

HLC Yes, B14 and D303, later on when we will mark as exhibit, it’d be 16

D303. So question to the witness is, what are the documents in this 17

bundle, all relating to the same issue, so I say, what are these 18

documents in this bundle? Can you just briefly explain? 19

20

RAZAK Yang Arif, if you can refer to this Bundle-B10, CBD10 at page 3923. 21

22

YA CBD10? 23

24

HLC It’s called B10. 25

26

YA Page? 27

28

RAZAK Okay, you refer to page 3923, this what the Plaintiff claim, their 29

meeting with me and Tuan Haji Rahim on 05.10.2006 but if you look in 30

the attachment, the second attachment, which from 04.10.2006 – 31

06.10.2006, I was away on business trip. 32

33

SST Sorry, what was the date again? 34

35

36


RAZAK On 05.10.2006, there’s a meeting proposal to Bank Rakyat Silverlake 1

(00:24:35 inaudible) at Cyberjaya. And then others involved is Rahim 2

and Razak. During that time I was away on business trip at Sri Lanka. 3

And second one is mentioned on the next page, 3924, sorry, the same 4

page, 3923. Sorry, Yang Arif, page 3924, on 02.01.2007, meeting 5

attended LOC proposal to Silverlake on behalf IICS on the first draft, 6

and meeting attended Razak and Rahim, if you look and the 7

document that submitted by legal counsel. 8

SST Sorry, which page is it? 39? 9

10

RAZAK On 07.01.2007, page 3924, I was away on my hajj. If you look, there’s 11

attachment in this document, it’s confirmation from Tabung Haji. I'm 12

doing my hajj during that period. The date from 20.12.2006 – 13

01.02.2007. 14

15


17

RAZAK The attachment, the B13 correct? It’s the new document. 18

19


21

RAZAK The latest one is B14, page 2. This are confirmation from Tabung Haji 22

that I performing my hajj from 20.12.2006 – 01.02.2007. So during that 23

time, I was away and not in the country. But if you refer to the page 24

3924, on 07.01.2007, meeting at Concorde Shah Alam and attended 25

by Rahim and Razak. And the first that I mentioned is on the refer to 26

page 9, my boarding pass traveling to Sri Lanka. 27

28

HLC So just now you told us that the meeting on 05.10.2006 and 29

07.01.2007 alleged by the Plaintiff that they had with you could not 30

happened because you were away. 31

32

RAZAK Yes, confirm. 33

34

HLC You were away? Okay. So, these are the two occasions? 35

36

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RAZAK Yes. 1

2

HLC Okay. My next question to you is that, do you have a Silver Arrow 3

email address? 4

5

[00:30:00] 6

7

8

RAZAK Okay, if you look throughout this document, I have only three emails 9

that I use to communicate with the Plaintiff. Okay, majority of the email 10

from the Silver Globe which [email protected], and then, 11

second one, hardly use, this is silverlk which is email ID address 12

@brunei for Silverlake Brunei which Silverlake also having office in 13

Brunei which I in charged for the first seven years of my assignment in 14

Silverlake. And the third one is a personal email ID is (00:30:30 15

inaudible) which if I can't use my silverglobe and silverlake ID, I will 16

use the third one for the communicating with them. 17

18

HLC So for silverarrow, do you have? 19

20

RAZAK Silverarrow is not my email ID at all. I'm denying that. 21

22

HLC That’s all my question, Yang Arif. 23

24

Masa: 9:44 AM 25

26

Pemeriksaan Balas (Cross Examination) 27

Masa: 9:44 AM 28

29

SST Dengan izin Yang Arif. Encik Razak, later when I pose questions to 30

you, all you need to do is just to answer the question and if let say you 31

need to explain, you can leave it to your counsel to ask you to explain 32

during re-examination. So in that way we can move very fast. Do you 33

understand that? 34

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mailto:[email protected]


RAZAK Yes. 1

2

SST So whenever I pose the question, you just answer the question, no 3

need to explain, wait for your counsel to ask you if there’s a necessity 4

to explain. You understand that? 5

6

RAZAK Yes. 7

8

SST Now, just few preliminary questions. Now, can you tell us who is Goh 9

Peng Ooi? 10

RAZAK Goh Peng Ooi is Executive Chairman of Silverlake Group of 11

Companies which is title Executive Chairman in Silverlake Axis Ltd. 12

which registered and listed in Singapore Stock Exchange. He’s having 13

a lot of companies within Silverlake Group of Companies. And one of 14

the company is Silverlake System, he’s a director of Silverlake System 15

Sdn Bhd. And he’s the owner of Silverlake Group of Companies. And 16

he’s a Malaysian. 17

18

SST So Mr Goh Peng Ooi is one of the directors of the Second Defendant? 19

20

RAZAK Yes. Because in. Can I explain? 21

22

SST No, like I said I just ask you the question you just answer, if you need 23

to explain later your counsel will ask you. Alright? 24

25

RAZAK Ok. 26

27

SST Now, who is Mr Andy Ng Teik Seng (00:34:14) as far as the Second 28

Defendant is concerned. 29

30

RAZAK Andy is our Financial Controller for Silverlake group of companies. 31

32

SST Can you confirm whether he carries the designation President Finance 33

Management Marketing Support? 34

35

RAZAK Yes. 36

37


SST Can you tell us who Chang Ying Ling is? 1

2

RAZAK Chang Ying Ling? 3

4

SST Yes. 5

6

RAZAK Which document can I refer to that? 7

8

SST Okay, maybe you can look at Bundle-B10, page 3900. 9

10

RAZAK Okay, she is accountant for reporting to Andy Ng. 11

12

SST And what about Mr Chee Chee Leong? 13

14

RAZAK Okay, Chee Chee Leong is a president of Business Partner Alliances 15

and myself and Chee we are working together to cover all the 16

accounts. 17

18

SST No, I was asking about Mr Chee. 19

20

RAZAK Yes, he is a President of Business Partner Alliances. 21

22

SST In the Silverlake Group of Companies? 23

24

RAZAK Silverlake Group of Companies, yes. And both of us are. 25

26

SST Encik Razak, that was my question. 27

28

RAZAK Okay. 29

30

SST Is he sitting at the back? 31

32

RAZAK Yes. 33

34

SST He is the one sitting at the back. What about a person by the name of 35

Kon Yin? 36

37


RAZAK Kon Yin is our Project Manager for the Bank Rakyat credit card 1

implementation team. And her full name is Loh Kon Yin. 2

3

SST Now, there is one more. Angie Cheah. 4

5

RAZAK Angie Cheah is secretary to Goh Peng Ooi. 6

7

SST Now, as far as the Bank Rakyat project is concerned, I will just put it 8

generally, are you the point man for Silverlake System Sdn Bhd in 9

dealings with Bank Rakyat? 10

RAZAK Yes. 11

12

SST And since you were the point man for the Second Defendant as far as 13

the Bank Rakyat project is concerned, you are the one who is 14

providing feedback from the discussions with Bank Rakyat. Would that 15

be correct? 16

17

RAZAK Most of the meeting attended by me for the Bank Rakyat, meeting 18

arranged by Bank Rakyat, yes, I'm the one. 19

20

SST Yes. Now, may I refer you to Bundle-A. That’s the Bundle of 21

Pleadings. 22

23

RAZAK Okay. This is the one? 24

25

SST Bundle-A. Yes. Now, if you look at page 138; the pagination is on the 26

top right hand column. 27

28

RAZAK Yes. 29

30

SST Now, if you look at paragraph 10.3. Now, let me just read that for you. 31

“The meetings that the Second Defendant had with the Plaintiff were 32

merely preliminary business exploratory discussions”. Okay. Now, can 33

you also look at the same page, paragraph 10.8? Now, I will just read 34

that for you. “Although the Second Defendant was in the position to 35

bid, obtain, and implement the project on its own, it is the Second 36

Defendant’s usual practice to consider the various options available to 37


it and this would naturally include discussions on any potential 1

cooperation with third parties. The Plaintiff was one such third party”. 2

3

RAZAK Yes. 4

5

SST So, basically, the Second Defendant based on this paragraph is 6

concerned was considering a potential cooperation with the Plaintiff. 7

Would that be correct? 8

9

10

RAZAK It is one of the options. 11

12

SST Yes, one of the options. 13

14

RAZAK Yes. 15

16

SST Now, let’s move on to page 146 of the same bundle. Now, if you look 17

at paragraph 12.11, at the bottom of the page, it continues right up to 18

the next page, the top paragraph. Do you see that? 19

20

RAZAK Yes. 21

22

SST All right. Look at the last sentence of this particular paragraph at page 23

147, top paragraph. The last sentence. Page 147. Basically, the last 24

sentence of that paragraph says, “The Second Defendant was always 25

open to explore business cooperation opportunities with potential 26

business partners and the Plaintiff was seen as one such potential 27

partner at that time.” 28

29

RAZAK Yes. One of the options, yes. 30

31

SST All right. One of the options for potential partners. 32

33

RAZAK One of the options for the selecting the partner. 34

35

36


SST Now, just to confirm. Is it the Second Defendant’s position that as far 1

as the Bank Rakyat project is concerned, the Second Defendant was 2

considering the Plaintiff as a potential partner? In other words, is it the 3

Second Defendant’s position that the Second Defendant was merely 4

considering the suitability of the Plaintiff as its partner for the Bank 5

Rakyat project? 6

7

[00:45:00] 8

9

RAZAK Can you repeat back? 10

11

SST Now, based on the paragraph which I have referred to you; these are 12

basically your defence, the few paragraphs which I have referred to 13

you earlier. 14

RAZAK Okay. 15

16

SST This is part of the Second Defendant’s defence. 17

18

RAZAK Yes. 19

20

SST So, I'm asking you, is it the Second Defendant’s position that as far as 21

the Bank Rakyat project is concerned, the Second Defendant was 22

considering the Plaintiff as a potential partner? Or in other words, just 23

to simplify it, is it the Second Defendant’s position that the Second 24

Defendant was merely considering the suitability of the Plaintiff as its 25

partner for the Bank Rakyat project? 26

27

RAZAK Come again. The past, the last few words. 28

29

SST Let me repeat the whole question. Is it the Second Defendant’s 30

position that as far as the Bank Rakyat project is concerned, the 31

Second Defendant was considering the Plaintiff as a potential partner? 32

In other words, is it the Second Defendant’s position that the Second 33

Defendant was merely considering the suitability of the Plaintiff as its 34

partner for the Bank Rakyat project? 35

36

37


RAZAK No. 1

2

SST No? 3

4

RAZAK It is just option selecting the partner for this Bank Rakyat project. It is 5

an option. 6

7

SST Yes, that’s what I'm saying. 8

9

RAZAK It is an option only. 10

11

SST Yes, that’s what I'm saying. 12

13

RAZAK Yes. 14

15

SST So, you agree with that? 16

17

RAZAK No. Because earlier Plaintiff as one of the options. 18

19

SST Let me repeat the question. 20

21

RAZAK Okay. 22

23

SST You just answer yes or no. All right? 24

25

RAZAK Okay. 26

27

SST Now, based on the few paragraphs which you have read, which I have 28

referred to you in the Second Defendant’s defence. Is it the Second 29

Defendant’s position that as far as Bank Rakyat project is concerned, 30

the Second Defendant was considering the Plaintiff as a potential 31

partner? 32

33

RAZAK Yes. 34

35

SST Yes. All right. Now, is it the Second Defendant’s position that. 36

37


RAZAK Which one are you referring to? 1

2

SST I'm just posing a question. Is it the Second Defendant’s position that 3

as far as the Bank Rakyat project is concerned, the Second Defendant 4

was assessing or evaluating the suitability of the Plaintiff as a potential 5

partner? 6

7

RAZAK No. 8

9

SST You were not assessing their suitability as a potential partner? 10

11

RAZAK No. 12

13

SST Let’s move on to your Witness Statement. Answer/Question 8. 14

15

RAZAK Yes. 16

17

SST The second sentence of this answer. You said, “As a marketing 18

person, I was interested to know what the Plaintiff would do or offer”. 19

Right? 20

21

RAZAK Yes. 22

23

SST Then, can you look at your Answer/Question 10? 24

25

RAZAK Okay. 26

27

SST Now, the last sentence of your answer here, you said, “Therefore, 28

since the First Defendant told me that the Plaintiff might have 29

something extra to offer, I was prepared to listen”. This is what you 30

said. 31

32

RAZAK Yes. 33

34

35

36


SST The next one, your Answer/Question 40. Now, if you look at the eighth 1

line in your answer. There is one sentence there, you said, “However, 2

it is true that the option to partner the Plaintiff remained open at that 3

time, which was why we didn’t mind revealing the terms of the contract 4

with Bank Rakyat to Uday so that the Plaintiff would also be aware of 5

the kind of responsibility and exposure that Silverlake would be 6

facing”. All right? 7

8

RAZAK Yes. 9

10

SST So, in other words, you are saying that the option to partner the 11

Plaintiff was still open at that particular time. Right? 12

13

RAZAK Yes. 14

15

SST Then, let’s go to Answer/Question 44. Are you there? 16

17

RAZAK Yes. 18

19

SST Okay. You look at the last sentence. Like I said earlier, the option to 20

have the Plaintiff as a partner remained open at that time. This is what 21

you said, yes? 22

23

RAZAK Yes. 24

25

SST And finally, Answer/Question 51. The last sentence as well. “All these 26

discussions with the Plaintiff were only exploratory in nature and 27

Silverlake was not in a position to give any commitment to the 28

Plaintiff”. Right? 29

30

RAZAK Which? 61 is it? 31

32

SST Answer/Question 51. Page 17. So, the last sentence, you said there, 33

“All these discussions with the Plaintiff were only exploratory in nature 34

and Silverlake was not in a position to give any commitment to the 35

Plaintiff”. Do you see that? 36

37


RAZAK Yes. 1

2

SST Now, based on these few paragraphs, which we have gone through in 3

your Witness Statement, just to confirm, is it your position or rather the 4

Second Defendant’s position that as far as the Bank Rakyat project is 5

concerned, the option for the Second Defendant to partner the Plaintiff 6

remained open at that time and that discussions with the Plaintiff were 7

only, to borrow your own words, exploratory in nature? 8

9

RAZAK Yes. 10

11

SST Now, may I refer you to Bundle-B1? Please look at pages 14 – 51. 12

13

RAZAK Okay. 14

15

SST Now, this is an email. Email from Udhaya. 16

17

RAZAK Yes. 18

19

SST You know who Udhaya is? 20

21

RAZAK Yes. The second witness for Plaintiff. 22

23

SST Now, this is an email from Udhaya of the Plaintiff to you, attaching a 24

document called credit card insourcing plan, prepared for Bank 25

Rakyat, proposed by Logical Operations Consortium Sdn Bhd. 26

27

RAZAK Yes. 28

29

SST The document starting at page 15. 30

31

RAZAK Page 15. 32

33

SST 15. The next page. 34

35

RAZAK Yes. 36

37


SST All right? And in this email, he said, “Hi Razak, attached is the revised 1

proposal specifically for the pricing that provides incentive based on 2

volume, all other slides remained the same”. Right? 3

4

RAZAK Yes. 5

6

SST Now, did you send any email in reply to Udhaya asking him why he 7

was attaching a revised proposal of this attachment? 8

9

RAZAK No. 10

11


13

SST I'm not referring to any particular question. I'm going on the first few 14

series of questions which have going on. So this is a follow through on 15

that. I'm trying to go for certain issues I try to ask certain question in 16

relation to that. The rest I put in for questioning. So, no email from 17

you to Udhaya asking him why he was sending a revised proposal. 18

Right? 19

RAZAK No. 20

21

SST Now, let’s move on to pages 52 – 92. Same bundle. 22

23

[01:00:00] 24

25

RAZAK Okay. 26

27

SST Alright. Are you there? 28

29

RAZAK Yes. Page 52, correct? 30

31

SST 52. Now this is another e-mail from Udhaya of the Plaintiff to you and 32

this was also cc’d to Dr Narayanan. 33

34

RAZAK Yes. 35

36

37


SST You know who Dr Narayanan is? 1

2

RAZAK Is the first witness of Plaintiff. 3

4

SST Okay, he’s the first witness of the Plaintiff. Now can you look at page 5

52? Now this is what it says; “Hi Razak, further to our discussion we 6

have made the changes to the power point attached. Please note that 7

we had to revise the pricing please us 30th, I think he meant please 8

see the table below of that’s in the power point presentation.” So 9

based on this e-mail apparently there was a discussion with you. 10

There was a discussion with you and thereafter he made these 11

changes and that’s why he’s e-mailing this to you. Would that be 12

correct? Based on the e-mail. 13

14

RAZAK I don’t think so there’s a discussion because if you look my flight 15

itinerary. 16

17

SST So you’re saying there was no discussion. 18

19

RAZAK No discussion. 20

21

SST Now you did receive this e-mail? 22

23

RAZAK Yes, I did. 24

25

SST On page 52. 26

27

RAZAK Yes, I did receive this e-mail. 28

29

SST Now since you’ve just said that there was no discussion, there was no 30

discussion, is there any e-mail from you to Udhaya telling Udhaya that 31

there was no such discussion? 32

33

RAZAK Yes. I’m not, there’s no e-mail about no such discussion. There’s no e-34

mail from me. 35

36

37


SST Just answer the question. 1

2


4

RAZAK It’s no. 5

6

SST No, there was no such e-mail. 7

8

RAZAK Yes. 9

10

SST So e-mail to Udhaya saying there was no such discussion. Correct, 11

yes? 12

13

RAZAK Yes. 14

15

SST Now let’s move on. Same bundle, pages 93 to 111. 93 to 111. Are you 16

there? 17

18

RAZAK 93. 19

20

SST To 111. 21

22

RAZAK Yes. 23

24

SST This is another e-mail from Udhaya to you and cc to Dr Narayanan. 25

26

RAZAK Yes. 27

28

SST This is dated 08.10.2006 and apparently he was attaching financials 29

for Bank Rakyat. 30

31

RAZAK Yes. 32

33

SST Alright. Now he said, ”Hi Razak, as requested I’ve attached the 34

financial.” 35

36

37


RAZAK Yes. 1

2

SST Right now based on this e-mail can you confirm that there was a 3

request from you and therefore that’s why Udaya was attaching this 4

financial for you? 5

6

RAZAK Can’t remember. 7

8

SST Can’t remember? 9

10

RAZAK Yes. 11

12

SST Can’t remember is it? Okay maybe just to put it clearer, just like to jog 13

your memory. Was there any e-mail from you, from you to Udhaya 14

telling Udhaya that look I did not request for this financials? 15

16

RAZAK No. 17

18

SST No. Now same Bundle-B1, pages 112 to 131. Are you feeling 19

(01:07:29 inaudible)? 20

21

RAZAK Yes. 22

23

SST Do you need more tissues? 24

25

RAZAK Bad flu. 26

27

SST Now this is an e-mail from Udhaya to you and cc to Dr Narayanan. 28

This e-mail is dated 07.11.2006 and this is what he said. ”Hi Razak, 29

attached is the financial for the, for the ICIC.” Now did you receive this 30

e-mail? 31

32

RAZAK Yes. 33

34

SST Yes. Is there any e-mail from you to Udhaya asking him why he was 35

sending you this financial for the ICIC? 36

37


RAZAK Okay I send an e-mail on this November 9th to Uday. 1

2

SST November 9th, which page? 3

4

RAZAK Page 132. 5

6

SST 132. No but that doesn’t answer the question. I ask you, you have to 7

listen to the question carefully. 8

9

RAZAK Okay. 10

11

SST Was there any e-mail from you to Udhaya asking him why he was 12

sending to you or why he was e-mailing to you this financial for the 13

ICIC? Yes or no? 14

15

RAZAK You’re referring to page 112? 16

17

SST Yes. So I. 18

19

RAZAK I’m not sending. 20

21

SST You didn’t send any e-mails to Udhaya. 22

23

RAZAK Yes. 24

25

SST Now may I refer you to page 133 of the same Bundle-B1? B1, 133. 26

Are you there? 27

28

RAZAK Page 133? 29

30

SST 133. 31

32

RAZAK Yes. 33

34

SST Now this is an e-mail from you to Udhaya. This is dated 12.11.2006 35

the title which you have put there is ‘DRP from Bank Rakyat Malaysia’. 36

Right? 37


RAZAK Yes. 1

2

SST What does DRP stand for? 3

4

RAZAK In IT terminology is Disaster Recovery Procedure. 5

6

SST Disaster Recovery Procedure. And this is with regards to the Bank 7

Rakyat project. 8

9

RAZAK Yes. 10

11

SST Now the same Bundle-B1, pages 134 to 155. 134 to 155. 12

13

RAZAK Okay. 14

15

SST Now this is an e-mail from Udhaya to you cc to Dr Narayanan is dated 16

13.11.2006. 17

18

RAZAK Okay. 19

20

SST Alright. Now this what he said, ”Hi Razak, this is the revised financial 21

model that has taken into account SL, I believe it’s Silverlake 22

operations cost, SL licence fee, SL Disaster Recovery, LOC 23

consultancy charges RM350,000. ICIC management fees estimated 24

based on the cup fees model that is RM0.10 for cup fees and 25

RM10,000 for fixed fee mark ups” and so on. Now this is also related 26

to the Bank Rakyat project. Am I right? 27

28

[01:15:00] 29

30

RAZAK Yes. 31

32

SST Now just to confirm, did you send any e-mail, any e-mail to Udhaya 33

asking him why he has, he was sending to you this particular e-mail at 34

page 134. Listen to the question carefully. Did you send any e-mail to 35

Udhaya asking him why he was sending to you this e-mail at page 36

134? 37


RAZAK Come again? 1

2

SST Did you send an e-mail to Udhaya asking him why he sent you this e-3

mail at page 134? 4

5

RAZAK No e-mail. 6

7

SST No e-mail. Now in the same bundle, please look at pages 156 to 179. 8

B1, 156 to 179. Are you there? 9

10

RAZAK Yes. 11

12

SST Now this another e-mail from Udhaya to you also cc to Dr Narayanan. 13

This is what you said, sorry, this e-mail is dated 14.11.2006 and he 14

said, ”Hi Razak, attached is the final version for the Bank Rakyat 15

financial. Also the Bank Rakyat financials with minor change in the 16

notes for the projections.” Now again did you send any e-mail to 17

Udhaya asking him why he was sending to you this particular e-mail? 18

19

RAZAK No e-mails sending back to them. 20

21

SST Encik Razak, you need to speak louder to the mic. 22

23

RAZAK Okay. 24

25

SST When the transcripts come back it’s going to say inaudible, inaudible, 26

inaudible. 27

28

RAZAK Okay. 29

30

SST You understand. 31

32

RAZAK Yes. 33

34

SST You have to speak to the mic. 35

36

37


RAZAK Come back to the question. 1

2

SST I’m sorry. The question was, was there any e-mail from you to Udhaya 3

asking him why he was sending to you this e-mail at page 156? 4

5

RAZAK No, e-mail to him. 6

7

SST Encik Razak, you try to speak louder. 8

9

RAZAK Okay. No e-mail. 10

11

SST I know you have. I’m sorry about that. 12

13

RAZAK Okay. No e-mail. 14

15

SST And just to confirm that was also in relation to the Bank Rakyat 16

project, right? 17

RAZAK Yes. 18

19

SST Now let’s go this page 180 to 238. 180 to 238, Bundle-B1. 20

21

RAZAK B1, 180. 22

23

SST 180 to 238. Now this is what, sorry, this is an e-mail from Udhaya 24

again to you and it’s cc to Dr Narayanan, alright. And this is dated 25

14.11.2006, okay. Now this is what he says; ”Hi Razak, attached in 26

the financials for the Bank Rakyat. (1) Silverlake’s financials for the 27

project. (2) Bank Rakyat financials for the interchange model. (3) The 28

power point based on the cut fees revised to reflect the interchange 29

fee model. He went on to say to say to provide a quick brief on the 30

model I append below the advantage and disadvantages of these 31

models. Firstly from our stand point, then from Bank Rakyat’s stand 32

point.” So he went on to list down Silverlake’s stand point, 33

advantages, disadvantages. Now did you receive this e-mail? 34

35

RAZAK Yes. 36

37


SST Now did you send any e-mail to Udhaya asking him why he sent this 1

e-mail at page 180 to you? 2

3

RAZAK No e-mail. 4

5

SST And can you confirm that this relates to the Bank Rakyat project? 6

7

RAZAK Yes. 8

9

SST Now please look at pages 239 to 243 of Bundle-B1. 10

11

RAZAK Okay, 239. 12

13

SST 239 to 243, B1. 14

15

RAZAK Okay. 16

17

SST Are you there? 18

19

RAZAK Yes. 20

21

SST Now Encik Razak perhaps when you answer can you look up and you 22

maybe look at Yang Arif then perhaps that way the voice can be 23

captured better. 24

25

RAZAK Okay. 26

27

SST Now this is an e-mail from you, from you to Udhaya and this is dated 28

16.11.2006. You put there BRM. Can you confirm that BRM refers 29

Bank Rakyat Malaysia? 30

31

RAZAK Yes. 32

33

SST And in your e-mail you asked Udhaya this is what you said, ”please 34

confirm the following services either if they are categorised under call 35

in brackets I think you wanted say within right, within our scope.” Is 36

that correct? 37


RAZAK Yes. 1

2

SST Okay. ”Or optional items chargeable. So you wanted a response from 3

Udhaya with the matters which you have listed in your e-mail here. Is 4

that correct? 5

6

RAZAK Can I clarify the definition of our? 7

8

SST No. I’m sorry? 9

10

RAZAK Within our scope. 11

12

SST No that’s no need. Basically the question is you required Udhaya to 13

come back to you on the contents of your e-mail here. Is that correct? 14

15

RAZAK No, I need to clarify on this ‘within our scope’. 16

17

SST That’s your word actually. It’s in your e-mail. 18

19

RAZAK Yes. Because definition our scope is a Silverlake. 20

21

SST Sorry? 22

23

RAZAK Our scope is a Silverlake scope. 24

25

SST Alright the question is, the question is this is an e-mail from you to 26

Udhaya requesting him to confirm certain things which you require in 27

this e-mail. Is that correct? It’s a simple question, Encik Razak. 28

29

RAZAK No, the question can I clarify something before I answer. 30

31

SST Maybe you can let your counsel ask you during cross, during re 32

examination. 33

34

YA (01:27:11 inaudible) can you please repeat your question? 35

36


SST Yes. The question is Encik Razak based on this e-mail you require 1

Encik Udhaya, Mr Udhaya to come back to you or to revert to you on 2

the matters which you have stated in your e-mail here. Is that correct? 3

4

RAZAK No that’s why I need to clarify first before I answer yes or no. Because 5

it’s a misinterpretation. 6

7

HLC I think that’s important if the witness. 8

9

SST Yang Arif, it’s a simple question. 10

11

HLC No, I don’t think it’s a simple question. The witness is entitled to know 12

what is required of him. Then only he can answer yes or no. So the 13

question may seem simple to the counsel but I think the witness has a 14

right if he explains and it’s relevant so be it. 15

16

YA Your doubt is? 17

18

RAZAK Okay, if you look this two lines of statement. Okay, please confirm and 19

then within a bracket within our scope. The definition our is Silverlake 20

scope. The second one is Silverlake Data Centre Services which as 21

per proposal dated 01.09.2006. Meaning that Silverlake submitted the 22

proposal to Bank Rakyat in, on the 01.09.2006. That’s why I submitted 23

this to Uday to clarify the scope of work. That’s why it’s very difficult for 24

me to answer yes or no for this question. 25

26

YA (01:28:40 inaudible) you will have the opportunity to explain. 27

28

RAZAK Yes. 29

30

SST So could you please answer the question? 31

32

RAZAK No, no if the answer is for Uday to clarify base on my submission to 33

Bank Rakyat is yes. This e-mail. If the e-mail to say that if this to 34

confirm that base on their submission to me is no. So I look at point 35

that it’s my proposal, it’s Silverlake proposal that’s Second Defendant 36

to Bank Rakyat dated on the 01.09.2006. 37


SST Yang Arif, he’s not answered the question. 1

2

HLC No, I think he answered. He already tell you if you’re referring to what 3

we have previously submitted to Bank Rakyat and ask clarification 4

then the answer is yes. But if the question is directed towards telling 5

Uday to clarify what they are saying then its no. So that’s what I think 6

just now the witness already if like this its yes, if like that is no. That’s 7

why he wanted to seek clarification of the questions but you know it 8

was not forthcoming. That’s why he answered and said in the scenario 9

A its yes. In the scenario B its no. So therefore I think he answered the 10

question. Unless we’re talking about scenario C here. 11

12

[01:30:00] 13

14


16

ABR My Lady, may I just also add on this because I think learned counsel 17

must be fair to the witness when asking question, Yang Arif because it 18

is not, question is not clear. And entitlement for the, this witness to ask 19

for clarification, Yang Arif. 20

21


23

SST Sure Yang Arif. Maybe I’ll just put it simpler for him. Encik Razak, in 24

this e-mail you wrote Udhaya please confirm the following services 25

either if they are categorised under call (within our scope) or optional 26

items chargeable with regards to all these things following below in 27

your e-mail. 28

29

RAZAK Yes. 30

31

SST Yes. That’s exactly what I was asking. Now can you look at pages, 32

same Bundle, same Bundles pages 244 to 248? Now this is an e-mail 33

from Udhaya to you cc to Dr Narayanan and this is dated 17.11.2006. 34

And this is what he says; ”Hi Razak, my responses is in blue in the 35

main document that you sent.” You received this e-mail? 36

37


RAZAK Yes, I received this e-mail. 1

2

SST And can you confirm that this is Udhaya’s response in reply to you, to 3

the earlier e-mail which you sent at page 239? 4

5

RAZAK In reply to my clarification which my proposal. 6

7

SST He replied to e-mail at page 239. 8

9

RAZAK Yes, clarification under e-mail. Okay, page 239 which my. 10

11

SST Encik Razak? 12

13

RAZAK Yes. 14

15

SST You look at the e-mail. He was replying to your e-mail at page 239. Is 16

that correct? 17

18

RAZAK Again these two. 19

20

SST Yes or no, Encik Razak? 21

22

RAZAK Yes. 23

24

SST That’s it. Let’s move on to pages 249 to 254, the same Bundle-B1. 25

249 to 254. Now this an e-mail from you to Udaya. This is dated 26

19.11.2006, right. This is with regards to the Bank Rakyat project. Is 27

that correct? 28

29

RAZAK Yes. 30

31

SST And this is what you wrote, ”Please confirm the following charges to 32

the bank for our inter change fees concept charges to the bank as 33

follows.” You listed there 4.1 charges on data centre and credit card 34

operation to Bank Rakyat and so on. So you needed, by this e-mail 35

you needed Udhaya’s comments on your queries. Is that correct? 36

37


RAZAK Yes, base on my e-mail page 239 as per Silverlake proposal, first 1

proposal to Bank Rakyat dated on the 01.09.2006. 2

3

SST Yes. My question is you needed Udhaya’s comments. Is that correct? 4

5

RAZAK That’s what, Yang Arif. 6

7

SST Yes or no? 8

9

RAZAK Can I put some note on this? 10

11

HLC Mr Tieh, witness already answered yes. Then he just say this is in 12

response to that e-mail, that’s all. 13

14

SST I mean Mr Choon he went beyond the question. 15

16

HLC No, he just say yes. He answer yes and he say that this is in response 17

to the e-mail. I don’t see anything wrong with that. 18

19

SST Yang Arif, the question was very specific. 20

21

HLC Yang Arif, I think. 22

23

SST He wanted, I ask him whether by this e-mail he wanted Udhaya’s 24

comments on this matters which he has stated. It’s a simple yes or no. 25

26

HLC Yang Arif. 27

28

SST In fact he went on further to clarify other things which I do not need. 29

30

HLC Yang Arif, I think we’re at the rate we’re going we probably take 31

another five days. Just because we’re going through each and every 32

single question which three questions each and every single 33

documents. Is it Bank Rakyat project? Did you receive this e-mail? 34

And then just read out the same line from the e-mail and ask the 35

witness to confirm. I mean it’s all there. So really I mean, I think he’s 36

entitled to answer and yes and this is in response to that e-mail. That’s 37


all he’s answering. I don’t see what’s wrong with allowing the witness 1

to make sure that he knows what he’s wrong. 2

3

SST Yang Arif. 4

5

YA (01:38:18 inaudible) later. Maybe you want to jot down what you want 6

to discuss with your(01:38:27 inaudible). 7

8

RAZAK Yang Arif, what I worry is a misinterpretation later on because that’s 9

why I need to state at least everybody agree on the ground that this is 10

what he are talking on the subject matter. 11

12

HLC And in fact that will cut short re examination. 13

14

SST That’s why if there’s any misunderstanding or any interpretation is 15

required that’s the purpose of the re examination. That’s the whole 16

purpose of the re examination. 17

18

YA That’s why I said you want to jot down what you need to explain and 19

(01:39:01 inaudible). 20

21

RAZAK Okay. 22

23

SST Encik Razak, so your answer is? 24

25

RAZAK Can you read back the question? 26

27

SST You wanted Encik Udhaya’s or Mr Udhaya’s comments with regards to 28

your e-mail at page 249. Is that correct? 29

30

RAZAK Yes. 31

32

SST And of course this, to state the obvious this relates to the Bank Rakyat 33

project. 34

35

RAZAK Yes. 36

37


SST Now please refer to pages 255 to 265 the same bundle. Are you 1

there? 2

3

RAZAK Yes. 4

5

SST This is an e-mail from Udaya to you also cc to Dr Narayanan and this 6

e-mail is dated 20.11.2006. He said this, I’ll just read the first 7

paragraph and last paragraph. He said; ”Hi Razak, based on the 8

discussion with you the greatest concern is the application processing 9

cost that cannot be absorbed as in the current interchange fees” and 10

so on. And the last paragraph it says; ”in the meantime my comments 11

below.” Right now so from what I can understand from this e-mail 12

there was a discussion which Udhaya had with you prior to this e-mail 13

being issued? Is that correct? 14

RAZAK I can’t recall. 15

16

SST You can’t recall. Now again just to jog your memory. Was there any e-17

mail from you to Udhaya referring to this particular e-mail and telling 18

him look Udhaya there was no such discussion? 19

20

RAZAK No. 21

22

SST No. Now can you also confirm that this e-mail, this e-mail was also 23

Udhaya’s reply of giving his comments to your e-mail earlier the 24

19.11.2006 e-mail? In other words do you agree that Udhaya did give 25

his comments in response to your e-mail dated 19.11.2006. 26

27

RAZAK You’re referring the page 255. 28

29

SST Yes, correct. 30

31

RAZAK Yang Arif, can I put some comment on this. 32

33

YA (01:44:11 inaudible) the question refers to another comment. 34

35

SST Yes. 36

37


YA At which page? 1

2

SST Basically the question is this e-mail from Udhaya is Udhaya’s 3

comments to the comments which he was seeking in the earlier e-mail 4

the one that we were arguing about just now. That’s all. It’s a simple 5

question. 6

7

RAZAK Okay the answer yes in relation to the page 239. 8

9

SST That’s all. 10

11

RAZAK Okay. 12

13

SST Thank you. Let’s look at Bundle-B1 again, page 262. Are you there? 14

[01:45:00] 15

16

RAZAK Yes. 17

18

SST Now this is an e-mail from you to Udhaya and this is dated 19

27.11.2006. This with regards to the Bank Rakyat project again? 20

21

RAZAK Yes. 22

23

SST And in this e-mail you asked for Udhaya’s help to borrow your words, 24

to clarify the following items you have three bullet points there those in 25

black. Correct? 26

27

RAZAK Yes. 28

29

SST Let’s move on to pages 263 to 267 of Bundle-B1. 30

31

RAZAK 263. 32

33

SST 263 to 267. Now this is Udhaya’s e-mail to you also cc to Dr 34

Narayanan dated 28.11.2006. Did you receive this e-mail? 35

36

37


RAZAK Yes. 1

2

SST And do you agree that this e-mail was in response to your e-mail 3

dated 27.11.2006 whereby you sought his help on the matters in your 4

e-mail. Is that correct? 5

6

RAZAK Not to help, is to clarify. 7

8

SST Sure. 9

10


12

RAZAK Not for help but is to clarify. 13

14

SST Now please refer to same Bundle, pages 268 to 313. Are you there? 15

16

RAZAK Yes 268. 17

18

SST Now this is an e-mail from Udhaya to you cc to Dr Narayanan and this 19

is dated 03.12.2006. Did you receive this e-mail? 20

21

RAZAK Yes. 22

23

SST Now this is what he wrote; ”Hi Razak, attached are the following (1) 24

Bank Rakyat Silverlake ICIC financials. (2) Bank Rakyat internal 25

financial projections. (3) Power point presentation from ICC to 26

(01:51:13 inaudible).” Now did you write any e-mail to Udaya asking 27

him why he was sending this to you? 28

29

RAZAK No e-mail. 30

31

SST Now let’s move on to pages 314 to 316 same Bundle-B1. Are you 32

there, Encik Razak? 33

34

RAZAK Yes, page 314. 35

36

37


SST 314 to 316. 1

2

RAZAK 316. 3

4


6

RAZAK Yes. 7

8

SST This is an e-mail from Udhaya to you also cc to Dr Narayanan dated 9

05.12.2006. He says; ”Hai Razak, attached is the new financials for 10

Bank Rakyat” and so on. That’s what he say. Did you receive this e-11

mail? 12

13

RAZAK Yes. 14

15

SST And did you send him, did you send to Udhaya any e-mail asking him 16

why he was sending to you this new financials for Bank Rakyat? 17

RAZAK No. 18

19

YA (01:53:55 inaudible). I’m suggesting (01:53:59 inaudible). 20

21

SST Yang Arif, I thought about that but some these e-mails they have, they 22

talk about different, different matters. So I have to ask him several 23

things. 24

25


27

SST Sure, I’ll try. 28

29

YA Just now (01:54:25 inaudible). 30

31

SST Sure. 32

33


35

SST Yes. 36

37



2

SST I understand. 3

4


6

SST Much obliged. 7

8

JRB Court bangun. 9

10

AKHIR 11

12

MASA : 11:08 AM 13

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TARIKH : 19.12.2014 1

MASA : 11:22 AM 2

3

MULA 4

5

Pemeriksaan Balas (Cross Examination) – Plaintiff 6

Masa: 11:23 AM 7

8

SST Encik Razak, may I refer you to Bundle-B1 again. B1 pages 317 to 9

343. 317 to 343. 10

11

YA 31. 12

13

SST 3. 14

15

RAZAK Okay. 16

17

SST Now this is an e-mail from Udaya to you is dated 11.12.2006. And 18

here he says, ”Hi Razak, attached is the financial for ICC only with 19

revenue sharing of 60/40 and so on.” Did you receive this e-mail? 20

21

RAZAK Yes. 22

23

SST Can you confirm that this is, sorry, the attachment is in relation to the 24

financials for the ICC Silverlake sub contractor? 25

26

RAZAK Come again? 27

28

SST This financials is with regards to the proposed ICC Silverlake vehicle. 29

In other words this is with regards to ICC is referring to the company 30

which was supposed to run the post operations for Silverlake. Is that 31

correct? 32

33

RAZAK I received the e-mail but I’ve not gone through the detail of the 34

attachment in Excel file. 35

36

37


SST I see. Page 344 of Bundle-B1. Are you there? 1

2

RAZAK Okay. 3

4

SST Now this is your e-mail to Udaya. You also cc this to Dr Narayanan is 5

dated 12.12.2006. You referred, sorry. You were basically replying to 6

Udaya’s e-mail 11.12.2006 the one we just referred to earlier. Is that 7

correct? 8

9

RAZAK Yes. Can I clarify here? 10

11

SST No, just your answer. 12

13

RAZAK No, can I clarify? 14

15

SST Sure go ahead. 16

17

RAZAK Okay, I replied to all that’s why Dr Narayanan’s name is there. 18

19

SST Okay. Now and in this e-mail of yours you said,”‘Can you provide me 20

on your, on the your monthly forecast charges to Silverlake for month 21

6 to month 16?” Is that correct? 22

23

RAZAK I seek for their clarification, yes. 24

25

SST And when you use the word ‘your’ you’re referring to the Plaintiff or 26

ICC? 27

28


30

SST In your e-mail, you said, ”Can you provide me on the your monthly 31

forecast charges to Silverlake?” When you use the word ‘your’ here, 32

you’re referring to the Plaintiff or ICC? 33

34

RAZAK Since the subject matter is on the ICC, I refer to the ICC. 35

36

37


SST ICC. Now Bundle-B1 again pages 345 to 360. 345 to 360. 1

2

RAZAK Okay. 3

4

SST Now this is Udaya’s e-mail to you dated 14.12.2006. 5

6

RAZAK Are you referring to page 345? 7

8

SST 345. 9

10

RAZAK Okay. 11

12

SST Are you at 345? 13

14

RAZAK Yes, 345. 15

16

SST So he said, ”Hi Razak, attached is the presentation for Bank Rakyat’s 17

board. Have a look and see if this is adequate or if need to be 18

strengthen?” Now can you confirm whether you receive this e-mail? 19

20

RAZAK Yes, I receive this e-mail. 21

22

SST Did you, sorry, I have to ask this question. Did you ask, sorry, did you 23

send any e-mail to Udaya telling him whether this presentation for 24

Bank Rakyat’s Board was adequate or needed to be strengthened? 25

26

RAZAK No e-mail to them. 27

28

SST Now let’s move on to Bundle-B2. Now please look at pages 492 to 29

513. 30

31

RAZAK 492. 32

33

SST To 513. Now this is an e-mail from Udaya to your Mr Chee Chee 34

Leong. 35

36

37


RAZAK Yes. 1

2

SST Alright and this is dated 18.01.2007. He put there the subject as ‘Bank 3

Rakyat Counter Proposal.’ Now at this point in time you were away 4

performing your Haj. 5

6

RAZAK Yes. 7

8

SST Now to be fair to you did you receive this e-mail? 9

10

RAZAK I have not received this e-mail. 11

12

SST You didn’t receive this e-mail. 13

14

RAZAK Yes. You’re referring to page 492 dated 18.01.2007. Is it correct? 15

16

SST Yes. 17

18

RAZAK Okay. 19

20

SST Now can you look at pages 556 to 578 in the same bundle? Now this 21

is an e-mail, e-mail from Udaya to you. It’s dated 01.02.2007. He said; 22

”Hi Razak, this was the original before we revised to the January 25th 23

version, Best regards.” Then at the bottom it appears that you also 24

forwarded this e-mail from him to Chee Chee Leong the one which we 25

referred to just now dated 18.01.2007. If you can see the contents are 26

exactly the same as the e-mail at page 492. 27

28

RAZAK To clarify it’s a forwarded e-mail to Uday to Razak, correct. 29

30

SST Yes, just to clarify whether that e-mail at 492 was actually forwarded 31

by Udaya to you as well on 01.02.2007. 32

33

RAZAK Yes, the e-mail forwarded to me. 34

35

SST The e-mail was forwarded to you together with the two attachments. 36

37


[00:15:00] 1

2

RAZAK The second one from the Uday to the Chee dated on January 18th is it 3

correct. 4

5

SST Yes. 6

7

RAZAK As same as e-mail page 492. 8

9

SST Yes. Your answer is yes. 10

11

RAZAK Yes. The e-mail forwarded to me. 12

13

SST Now going back to page 492. 14

15

RAZAK Before we proceed Yang Arif, can I request from you can we have a 16

earlier break for Friday prayer. Today is Friday. Can we break at 12:00 17

pm? At 12:00 pm. 18

19

YA 12:15 pm. 20

21

RAZAK 12:15 pm. And what time should be back? 22

23

YA The mosque is just opposite. 24

25

RAZAK Because I’m not familiar so much of this place. 26

27

YA You can come back at (00:16:21 inaudible). 28

29

RAZAK Okay, thanks. Sorry about that. 30

31

SST Now going back to page 492. 32

33

RAZAK 492. 34

35

36


SST Yes. Now can I just confirm the only reason that Mr Chee Chee Leong 1

came in at this point in time was because you were away for the Haj? 2

3

RAZAK Yes. Can I clarify on this why the Mr Chee Chee Leong involvement in 4

all my marketing activities? 5

6

SST Sure. 7

8

RAZAK Okay in Silverlake structure, Silverlake company policy that normally 9

marketing we go at least for two person. In the absence one person, 10

the second person will take charge. That’s why you can see most of 11

thing communicating between and Mr Chee Chee Leong. In absence 12

of me then Mr Chee Chee Leong will take charge on my behalf. 13

14

SST So therefore in your absence Chee would have, Mr Chee Chee Leong 15

would have dealt with Bank Rakyat. 16

17

RAZAK If any clarification, yes. 18

19

SST Yes. Now we’ll continue with Bundle-B2 page 515 to 527. 515 to 527. 20

21

RAZAK Okay, page 515. 22

23

SST Until 527. 24

25

RAZAK Okay. 26

27

SST Now this is an e-mail from Udaya to Mr Chee Chee Leong dated 28

24.01.2007. He put there the title as Silverlake’s financial for Bank 29

Rakyat. I was just wondering was this e-mail forwarded to you as well. 30

31

RAZAK Because based on this I don’t see that this e-mail forwarded to me. 32

33

SST Yes, I think (00:22:20 inaudible). 34

35

RAZAK Yes. 36

37


SST But do you recall Mr Chee Chee Leong ever forwarding this e-mail to 1

you because you were away at that time. 2

3

RAZAK Because normally away during the Haj I’m not accessing my e-mail. 4

5

SST I see. 6

7

RAZAK But I’ve not receive any. 8

9

SST Later on, later on do you recall Mr Chee Chee Leong. 10

11


13

SST You can’t recall. 14

15

RAZAK Yes. 16

17

SST Let’s continue with pages 528 to 531. 18

19

RAZAK Yes. 20

21

SST This is an e-mail from Udaya to Mr Chee Chee Leong. This is the 22

subject matter he put it as penalty clause and he said, “Hi Chee, 23

attached is what was drafted for Razak.” Now were you forwarded a 24

copy of this e-mail? 25

26

RAZAK I’ve not receive this e-mail. 27

28

SST You have not received this e-mail. Now can you look at page 555? 29

555 of the same Bundle. Are you there? 30

31

RAZAK Yes, 542 is it? 32

33

SST 555. 34

35

RAZAK Sorry. 36

37


SST Now this is an, are you there? 555. 1

2

RAZAK Yes, 555. 3

4

SST Now this is an e-mail from Udaya to you. This one he says, ”Hi Razak, 5

forwarding mail sent to Chee.” Now it appears to me that he actually 6

forwarded that particular e-mail the 24.01.2007 e-mail to you, in this 7

particular e-mail. 8

9

RAZAK January 24th is to Chee e-mail. 10

11

SST Yes, that’s the one you said you didn’t receive. 12

13

RAZAK And then e-mail forwarded from. 14

15

SST Then he forwarded to you. 16

17

RAZAK Yes, forwarded on the 1st February on Thursday. 18

19

SST Alright, yes. 20

21

RAZAK I did receive this e-mail after I came back from my Haj. 22

23

SST Yes. 24

25

RAZAK Yes. 26

27

SST Okay. Let’s move on to pages 532 to 541. 532 to 541. Now this is an 28

e-mail from Dr Narayanan to Mr Chee Chee Leong. It was also cc to 29

Udaya enclosing this Silverlake sensitivity analysis. 30

31

RAZAK Okay. 32

33

SST Do you remember being, do you remember receiving a copy of this as 34

well? 35

36

37


RAZAK Based on this page 532, I’ve not received because I’m not in the list. 1

2

SST Alright. Now can you look at page 579 to 588? 579 to 588 same 3

bundle. 4

5

RAZAK Okay. 6

7


9

RAZAK Yes. 10

11

SST This is an e-mail from Udaya to you dated 01.02.2007. He said, ”Hi 12

Razak, for internal use the SL, here attached it is SL’s sensitivity. 13

14

RAZAK Okay. 15

16

SST Now it appears from this e-mail that the 25th January e-mail from Dr 17

Narayanan to Chee Chee Leong was being forwarded to you in this 18

particular e-mail. 19

20

[00:30:00] 21

22

RAZAK It’s forwarded from. 23

24

SST Yes, it’s forwarded to you. 25

26

RAZAK It’s from Uday to me. 27

28

SST Yes. 29

30

RAZAK But not forwarded from Chee to me. 31

32

SST No. I meant it was forwarded to you. But you did receive this. 33

34

RAZAK My earlier clarification I’ve not receive if any e-mails submitted to Mr 35

Chee are not being forwarded from Chee. 36

37


SST I’ve no problem with that. I’m just saying eventually. 1

2

RAZAK Because I. 3

4

SST Eventually you were, you did receive this. 5

6

RAZAK No. Yang Arif, I need to clarify here that if any e-mail that sent out to 7

Mr Chee I’ve not received any e-mail forwarded from Mr Chee to me, 8

okay. 9

SST I’ve no problem. So basically the e-mail from Dr Narayanan to Chee 10

was eventually forwarded to you by Udaya here. 11

12

RAZAK Yes. 13

14

SST Right. Now let’s look at B2, Bundle-B2 again, pages 604 to 630. Now 15

this is an e-mail from Udaya to you attaching the revised financial for 16

the penalty clause. Do you remember receiving this e-mail? 17

18


20

SST Let’s move on to pages 631 to 657. 631 to 657. Now this is an e-mail 21

from Udaya to you. This is dated 05.02.2007 enclosing the revised 22

financials for the Bank Rakyat project. Do you remember receiving this 23

e-mail? 24

25

RAZAK Yes, I received the e-mail. 26

27

SST Now looking at the first paragraph, the first paragraph of this e-mail. It 28

says, ”Hi Razak, based on your SMS I have changed the financials to 29

reflect the cost of RM13.6 million for the six years and so on.” Now do 30

you agree that these financials were changed following your SMS to 31

Udaya using (00:35:19 inaudible)? 32

33

RAZAK I, okay. Let’s clarify this. Based on the SMS I can’t recall what I 34

submitted to him. 35

36

SST Okay. 37


RAZAK Okay. 1

2

SST But do you remember of sending Udaya an e-mail saying that you did 3

not issue an, you did not send any SMS asking him to change the 4

financials? 5

6

RAZAK No. 7

8

SST Now let’s move on to pages 658 to 684, B2. 658 to 684. 9

10

RAZAK To 684, correct. 11

12

SST 658 to 684. Now this is an e-mail from Udaya to you, Udaya to you 13

dated 05.02.2007. The subject matter again ‘Revised Financial for 14

Silverlake to Bank Rakyat. Do you remember receiving this e-mail 15

from Udaya? 16

17

RAZAK Can I clarify something on this? 18

19

SST Sure. 20

21

RAZAK Okay based on conversation with Rahim the changes are, I’m not 22

aware what he communicated with Rahim and I confirm receive this e-23

mail. And I can’t verify what they communicated. 24

25

SST Sure. Did you e-mail Udaya asking him what was his conversation 26

with Rahim? 27

28

RAZAK No. 29

30

SST Now let’s move on to page 685. 685 Bundle-B2. 31

32

RAZAK Okay. 33

34

SST Now are you at the page? 35

36

37


RAZAK Okay, 635 is it? 1

2

SST 685. 3

4

RAZAK 685. 5

6

SST Now this is an e-mail from Yin Leng we mentioned her name just now. 7

8

RAZAK Is accountant which reporting to Andy. 9

10

SST Yes. Yin Leng to Udaya. It was cc to Chee Chee Leong and also Mr 11

Andy Tan. This one we have identified them. Now just wondering are 12

you aware of this e-mail? 13

14

RAZAK As for this particular e-mail at page 685, I’m not in the list. 15

16

SST Not in the list. But do you know of its existence? 17

18

RAZAK At this stage, no. At this date I’m not aware. 19

20

SST Okay. 21

22

RAZAK Okay based on this e-mail on Tuesday 06.02.2007 I’m not in the list. 23

I’m not aware this e-mail. 24

25

SST I see. Just wondering is Yin Leng still with the Silverlake Group of 26

Companies? 27

28

RAZAK Can I refer to Mr Chee, I can’t recall because we have got a thousand 29

of resources in the office. 30

31

SST It’s okay no problem. Alright, you can’t recall. 32

33

RAZAK Because there’s people move in and out. 34

35

SST No problem. 36

37


RAZAK And then we have more than 40 accountants in the office. And this 1

incident happen in 2006. 2

3

SST No problem. Let’s look at page 686 to 688, 686 to 688. Now this is an 4

e-mail from Udaya to you and this is dated 06.02.2007. Here Udaya 5

says; ”Hi Razak, attached is the list of the revenue schemes for card 6

operations including acquiring that is not part of the scope of service 7

to Bank Rakyat.” Now just wondering did you receive this e-mail? 8

9


11

SST Now can you now turn to pages 689 to 690, B2? 12

13

RAZAK Okay. 14

15

SST Now this is an e-mail from Udaya to Yin Leng. It was cc to Mr Chee 16

Chee Leong, Andy Ng, yourself and Dr Narayanan and this is dated 17

06.02.2007. Do you recall receiving this cc copy from Udaya? 18

19

[00:45:00] 20

21

RAZAK Yes, I did receive on Tuesday 06.02.2007. 22

23

SST Now if you look at the lower part of this e-mail, it appears that Yin 24

Leng’s e-mail to Udaya 06.02.2007 the one which you said that not 25

seen. It’s also. 26

27

RAZAK No make correct. 28

29

SST Part of this. 30

31

RAZAK Can I make a correction? 32

33

SST Sure. 34

35

RAZAK Actually I’ve seen on the Tuesday 6th February, page on 685. 36

37


SST Alright. 1

2

RAZAK Okay and subsequent of that, that Uday replied and put me in the 3

copy list, okay. Which I admitted I received the e-mail. 4

5

SST Okay so, alright okay. So in other words you did see the, eventually 6

you did see the Yin Leng’s e-mail to Udaya and Chee Chee Leong. 7

8

RAZAK Yang Arif, can I clarify something because Yang Arif, sorry, okay can I 9

clarify because on the page because the way that he’s asking the 10

question on page e-mail by e-mail. I’m responding by e-mail by e-mail. 11

12

SST I’m not making an issue about that actually. 13

14

RAZAK Okay because and then he keeping saying that now you receiving. 15

Earlier you said you not receive this. 16

17

SST I’m not making that issue. 18

19

RAZAK Because must be clear because I have to make some clarification that 20

this is my stand. If he ask me on this e-mail, I’ll respond on this e-mail, 21

okay. 22

23

SST I’m not making an issue. Let’s move on. Now page 691 Bundle-B2. 24

Now this is an e-mail from you to Udaya and this is dated 07.02.2007. 25

And just to confirm this is with regards to the Bank Rakyat project. Is 26

that correct? 27

28

RAZAK Yes. 29

30

SST And in this e-mail there’s an e-mail from Bank Rakyat 31

[email protected]. Do you see that? 32

33

RAZAK Yes. 34

35

mailto:[email protected]


SST This was dated 07.02.2007. This was sent to you and cc to Puan K 1

Fatimah at Bank Rakyat, Baharom at Bank Rakyat and Mr Chee Chee 2

Leong at Silverlake. Right? 3

4

RAZAK Yes. 5

6

SST Now basically that e-mail from Bank Rakyat says, ”Dear Tuan Haji 7

Razak and Mr Chee, I think I’ll just move on to Item 3. It says thank 8

you very much for the responses. It’ll be good if your end could 9

forward us the following information, Item 3 the formula that your end 10

use for the penalty rate computation it will be good in soft copy form.” 11

Then in this e-mail which you sent to Udaya. You say “Udaya help me 12

for Item 3 as requested by the bank.” 13

14

RAZAK Okay. 15

16

SST You were basically seeking Udaya’s help as far as Bank Rakyat’s 17

query in Item 3 is concern. 18

19

RAZAK Yes. 20

21

SST Yes. 22

23


25

SST Yes. 26

27

JRB Court bangun. 28

29

AKHIR 30

31

MASA : 12:12 PM 32

33

34

35

36

37


TARIKH : 19.12.2014 1

MASA : 2:43 PM 2

3

MULA 4

5

SST Dengan izin, Yang Arif. 6

7

Pemeriksaan Balas (Cross Examination) 8

Masa: 2:43 PM 9

10

SST Encik Razak, may I refer you to Bundle 2, pages 542 to 554? 11

12


14

SST B2, pages 542 to 554. Now this is an e-mail from Udhaya to you 15

attaching the final version of the financials for Bank Rakyat. And this is 16

what Udhaya said, ‘Hai Razak, welcome back. Attached is the final 17

version that was used by Chee to be given to Bank Rakyat. According 18

to him, he only shared the revenues but I think you can sort it out with 19

him.’ Now did you receive this e-mail? 20

21

RAZAK Yes, I receive from Udhay. 22

23

SST Now based on this e-mail, do you agree that this final version of the 24

financials for Bank Rakyat was indeed used by Chee to be given to 25

Bank Rakyat? 26

27

RAZAK We never gave any financial to Bank Rakyat. 28

29

YA Can you speak louder? 30

31

RAZAK Yes. 32

33

SST You never gave? 34

35

RAZAK We never gave any financial to the Bank Rakyat. 36

37


SST Alright in that case, since you have received this e-mail, did you e-mail 1

Udhaya and told him off that that what he wrote here at page 542 was 2

incorrect? 3

4

RAZAK Come again? 5

6

SST Since you said you’ve received this e-mail and now you’re saying that 7

financials were never given to Bank Rakyat, did you write an e-mail to 8

Udhaya telling him that what he has written in this e-mail is incorrect? 9

10

RAZAK I never sent e-mail to him. 11

12

SST Now next may I refer you to pages 692 to 719 of Bundle B2, 692 to 13

719? 14

15

RAZAK You asked this question before, correct? 16

17

SST No, I asked at 691. 18

19

RAZAK 691, yes. 20

21

SST Now we are going to 692. 692 to 197, now this is an e-mail from 22

Udhaya to you dated 07.02.2007. Now where he appears to have 23

attached another financial. Now did you receive this e-mail? 24

25

RAZAK Yes. 26

27

SST Now next, may I refer you to pages 720 to 772, Bundle B2? Are you 28

there? This is another e-mail from Udhaya to you dated 08.02.2007 29

attaching three financials. Now again, did you receive this e-mail? 30

31

RAZAK Yes, I received this e-mail. 32

33

SST Next can you look at pages 773 to 836? 836 will take you to Bundle 34

B3. 773 until 836, alright? Now this is an e-mail from Udhaya to you 35

dated 09.02.2007. Again he attached three financials. You received 36

this e-mail? 37


RAZAK Yes. 1

2

SST Next pages 838 to 869, Bundle B3. This e-mail from Udhaya to you 3

dated 18th February. Basically there, he enclosed two drafts for this 4

Kazakhstan project. Did you receive this e-mail? 5

6

RAZAK Yes but can I put a note on this? 7

8

SST You wanted to clarify later. 9

10

RAZAK Can I put note? 11

12

SST You wish to clarify, is it? 13

14

RAZAK Yes. 15

16

SST Okay, maybe you can do during re-examination. 17

18

RAZAK Just can I put note on this, Yang Arif? 19

20

HLC You, I think you can. Okay never mind you want to clarify, you can say 21

I want to clarify. And then we will just take down and during re-22

examination then I can go to specifically. 23

24

RAZAK Okay. 25

26

HLC I think if you have anything in mind that you want to raise at the re- 27

examination, I suppose he can write down so that his memory is there. 28

Otherwise three months down the road, I ask him, he won’t remember. 29

So whatever you want to clarify but if the counsel say that it’s not 30

necessary now, I think you can just write down what you intend to 31

clarify. So that when we ask you, you know what you. 32

33


35

RAZAK Okay, sure. 36

37


HLC Because I’m just afraid that now he knows what he wants but later on 1

he may not remember. 2

3


5

HLC Yes, sure but I think the witness can also just jot down what he intend 6

to clarify so that it’s easier. 7

8

SST Encik Razak, have you made your notes? 9

10

RAZAK Yes. 11

12

SST Now let’s move on to page 870, Bundle B3. 13

14

RAZAK Okay. 15

16

SST Alright. So this is an e-mail from you to Udhaya in regards to the Bank 17

Rakyat matter. This is dated 02.03.2007. Now this is what you asked 18

off Udhaya. “Can you assist me to prepare the following - (1) 19

Silverlake VRM financial analysis (a) 10 years (b) cut base 20

RM250,000 for five years, one year RM40,000 (c) penalty charges 21

80% from (00:13:23 inaudible) per month (d) the rest perimeter 22

remain the same (2) mock a P&L”, this will be profit & loss, right? 23

24

RAZAK Yes. 25

26

SST “For Bank Rakyat based on (1) above”. Then you went on to say “I’m 27

arranging a meeting between BRM MD”, this will be Bank Rakyat’s 28

Managing Director? 29

30

RAZAK Yes. 31

32

SST Alright, “with Mr Goh in Singapore next week which will be 8th of March 33

thus need this info asap before the meeting as I need to update my 34

Executive Chairman”. Now do you agree that based on this e-mail, 35

you needed Udhaya to help you prepare the Items 1and 2 so that 36


because you needed for the meeting between Bank Rakyat’s 1

Managing Director with your Mr Goh in Singapore? 2

3

RAZAK Okay I’m requesting his assistance for my arrangement of meeting 4

with Bank Rakyat MD and Mr Goh. 5

6

SST In other words, you needed this because of this meeting which was 7

coming out between Bank Rakyat’s Managing Director and your Mr 8

Goh in Singapore. 9

10

RAZAK I’m arranging the meeting. 11

12

SST That’s why you needed all these info from Udhaya? Is it correct? 13

14

RAZAK Yes. 15

[00:15:00] 16

17

SST Now please refer to page 1064, same Bundle. Are you there? 18

19

RAZAK Yes. 20

21

SST This is an e-mail from you to Mr Udhaya. This is dated 04.04.2007. 22

You have attached the master SLA Bank Rakyat Agreement. Now this 23

is what you said. ‘Udhaya, I guess you already got the attached 24

document from Encik Rahim. Please go through and filter specially the 25

area which will hit you during running the card operation. Make sure 26

what you propose are matched with the agreement. We are sharing to 27

meet this Monday to finalise the agreement. We’ll have a session with 28

my lawyer next week Wednesday and later either Thursday or Friday 29

I’ll meet with the bank to finalise the Agreement.’ Now there are a few 30

things here. Paragraph 1 you said “I guess you already got the 31

attached document from Encik Rahim”. The attached document, you 32

are referring to the same attachment in your e-mail? 33

34

RAZAK Yes. 35

36

37


SST And Encik Rahim would be the First Defendant? 1

2

RAZAK Yes. 3

4

SST Second paragraph, ‘Please go through and filter specially the area 5

which will hit you during running the card operation. Make sure what 6

propose are match with the agreement.’ You wanted him, you wanted 7

Udhaya to basically to look at the master SLA, right? To look at the 8

master SLA and see whether there’s any particular area within the 9

master SLA which will affect the running of the card operations. Would 10

that be correct? 11

12

RAZAK Yang Arif, can I ask something from you? Is it the answer yes or no or 13

can I clarify or can I clarify later on during the re-examination? 14

15

SST You can actually clarify later. 16

17

RAZAK Because earlier I clarify, okay. Re examination? 18

19

SST Yes. 20

21

RAZAK Okay. 22

23

SST So but basically as far as this paragraph is concerned, you just want 24

Udhaya to focus on the particular area which will, which may hit the 25

cut off stage. 26

27

RAZAK Yes. 28

29

SST As found in the master SLA? 30

31

RAZAK Yes. 32

33

SST Yes. Then the third paragraph the second sentence. “We’ll have a 34

session with my lawyer next week”. The lawyer you’re referring to 35

RDL? 36

37


RAZAK RDL, yes. 1

2

SST And finally the last sentence you told them that either Thursday or 3

Friday you’ll be meeting the bank to finalise the agreement. You’re 4

referring to you meeting up with Bank Rakyat to finalise this master 5

SLA Agreement, right? 6

7

RAZAK Yes. 8

9

SST Let’s go to Bundle B4. Please look at page 1223. This is an e-mail 10

from Mr Udhaya to you. It was also cc-ed to Dr Narayanan and 11

Harashi is Encik Rahim, right? 12

13

RAZAK I think so. 14

15

SST This e-mail is dated 10.04.2007 and there is an attachment master 16

SLA as well. Udhaya wrote here, ‘Hai Razak, attached is the 17

agreement with our comments for your perusal.’ Did you receive this 18

e-mail? 19

20

RAZAK Yes, I did receive. 21

22

SST Next please look at pages 1224 to 1264, Bundle B4. 23

24

RAZAK Can I clarify something under page 1223? 25

26

SST I’m sorry? You want to make (00:23:46 inaudible). 27

28

RAZAK Yes because you mentioned here attachment but the subsequent, I 29

don’t see the attachment. 30

31

SST Sure, fine. 32

33

RAZAK So there’s no attachment, correct? 34

35

SST There’s a remark there same as e-mail attachment dated 7th April. 36

37


RAZAK But it’s not subsequent from this e-mail. 1

2

SST It’s not here. 3

4

RAZAK Confirm, is it? 5

6

SST It’s not attached here. Can you go to 1224, please? 7

8

RAZAK Yes. 9

10

SST This is an e-mail from Udhaya to you cc to Dr Narayanan and Encik 11

Rahim dated 11.04.2007. He’s attaching another master SLA 12

Agreement. He said, ‘Hai Razak, attached is the revised agreement 13

with the merchant acquiring deleted (00:24:45).’ Now did you receive 14

this particular e-mail? 15

16

RAZAK Yes. 17

18

SST Now let’s go back to Bundle B4, pages 1211 to 1212. Now this is an e-19

mail from you to Udhaya. You also cc-ed this to Dr Narayanan, Encik 20

Rahim and also Mr Chee Ching Leong and this e-mail is dated 21

11.04.2007. Now this is what you wrote ‘Can we use this Table to 22

compute the compensation charges for shortfall of active cards?’ Now 23

do you agree that you were asking Udhaya for his advise on this? 24

25

26

27

RAZAK Okay, first I’ll clarify that this e-mail is a reply e-mail to all the name 28

appeared in the e-mail. And this e-mail is sent to him for clarification. 29

30

SST In other words, you disagree? 31

32


34

SST In other words, you disagree? 35

36

RAZAK I sent to him for clarification. 37


SST My question was based on this e-mail you were asking Udhaya for his 1

advise with regards to this, is it? 2

3

RAZAK I’m sending this e-mail for clarification to him. Yes, I’m submitting this 4

e-mail to him for clarification. 5

6

SST In other words you’re disagreeing with me basically? 7

8

RAZAK Not disagree, clarification only. 9

10

SST For clarification? 11

12

RAZAK Yes. 13

14

SST Now Bundle B4, pages 1265 to 1307. Now this is an e-mail from Mr 15

Udhaya to you. It was also cc to Dr Narayanan, Encik Rahim and Mr 16

Chee Ching Leong and there is an attachment there, the master SLA 17

Agreement again. Now did you receive this e-mail? 18

19

[00:30:00] 20

RAZAK Yes. 21

22

SST Next Bundle B4 as well pages 1308 to 1349. Are you there? 23

24

RAZAK Yes. 25

26

SST This is an e-mail from Mr Udhaya to you and cc to Encik Rahim and Dr 27

Narayanan. This e-mail is dated 12.04.2007. There is an attachment 28

here, master Service Level Agreement. Now this is what he said, ‘Hai 29

Razak. This is the proposed amendments after our discussion 30

yesterday.’ Now do you agree that these amendments came about 31

after his discussion with you? After Udhaya’s discussion with you? 32

33

RAZAK Yes. 34

35


SST Now let’s look at pages 1350 to 1352. Now this is basically an e-mail 1

from Mr Udhaya to you. This is dated 17th April forwarding an e-mail 2

from one Pang Eng Boon from RDL. Did you receive this e-mail? 3

4

RAZAK Yes, the e-mail forwarded from Udhay to me. 5

6

SST Now if you look at pages 1353 to 1408, now this is the original e-mail 7

from Pang Eng Boon from RDL to you as well as to Udhaya and also 8

cc to Tong Lai Leng. Now did you receive this e-mail from Pang Eng 9

Boon at 1353? 10

11

RAZAK Yes. 12

13

SST Yes. Now this is what Pang Eng Boon wrote, ‘Dear Razak, we refer to 14

our meeting at Silverlake office on 12.04.2007. Please find attached 15

the revised draft agreement incorporating all amendments as 16

requested in the meeting. Our amendments and comments are 17

tracked and highlighted in blue for easy reference. We have also 18

forwarded a copy to Udhaya as requested by you in our telephone 19

conversation yesterday.’ Now even though this relates to the master 20

SLA, you have also wanted Udhaya to be kept in the loop”. Would that 21

be correct? 22

23

RAZAK Yes. 24

25

SST Based on Pang Eng Boon’s writing there? 26

27

RAZAK Yes. 28

29

SST Now please look at pages 1431 to 1476, Bundle B4. Are you there? 30

31

RAZAK Yes. 32

33

SST Now this is an e-mail from you to this legal at Silver Globe (00:39:22) 34

also to Mr Chee Ching Leong, to Udhaya and also to Encik Rahim. 35

And this is dated 04.05.2007. You’ve attached this Master SLA I think 36


if you at page 1432 it’s termed out as credit card outsourcing master 1

agreement. Right? 2

3

RAZAK Yes. 4

5

SST And this is what you said, ‘Dear Ong, please go through the attached 6

document and advise me. Plan to meet the bank on the following 7

Monday, 14.05.2007. And here, there is an e-mail below from this 8

Fatimah at Bank Rakyat dated 04.05.2007. It was sent to you, it was 9

cc to another person Baharom at Bank Rakyat, to Mr Chee Ching 10

Leong and two other Bank Rakyat, I think their officers. 11

12

RAZAK Yes. 13

14

SST They said, ‘Encik Razak, please find attached a revised copy of the 15

draft SLA for the above. Kindly note that (00:40:39 inaudible) propose 16

additions were proposed that they meet sometime next week to run 17

through the document. Please advice on date and time most 18

convenient to you.’ So basically do you agree that after you received 19

this e-mail from Bank Rakyat, you basically forwarded the attached 20

document to among others Udhaya and also Encik Rahim, Mr Chee 21

Ching Leong asking them to advise you on this new draft? And the 22

reason because you needed to meet the bank on this. Would that be 23

correct? 24

25

RAZAK Yes. 26

27

SST Now please look at pages 1477 to 1478, Bundle B4. Yang Arif, my 28

apologies let’s skip this document. We’ll skip this one. Sorry. We’ll skip 29

this one. Now let’s look at pages 1479 to 1528. We are now at 1479. 30

31

RAZAK Okay. 32

33

SST Now this is an e-mail from you to Mr Udhaya also to Encik Rahim. It 34

was also cc-ed to Mr Chee Ching Leong. You’ve attached the credit 35

card outsourcing master agreement as you can see at the next page? 36

37


RAZAK Yes. 1

2

SST You basically said this, ‘Rahim and Udhaya, attached is final draft 3

copy for revision and discussion tomorrow from our final revised 4

document to be used for submission to bank by Monday. The span of 5

breakfast meeting will tomorrow Sunday at Concorde Shah Alam at 6

8:30 am, okay. Then regards, copy to Chee please forward your 7

comments as well.’ Now do you agree that this credit card outsourcing 8

master agreement was sent to Rahim and also to Udhaya because 9

you needed their comments prior to your meeting with the bank on 10

Monday? Monday, I’m assuming is 14.05.2007. Would that be 11

correct? 12

13

[00:45:00] 14

RAZAK Yes. 15

16

SST Now let’s look at pages 1531 to 1532, Bundle B4. 1531 to 1532, are 17

you there? 18

19

RAZAK Yes. 20

21

SST Now this is an e-mail from Mr Udhaya to you, Encik Rahim, Dr 22

Narayanan and also cc to Mr Chee Ching Leong. This is dated 23

13.05.2007. Apparently there’s an attachment there. Udhaya wrote, 24

‘Hai Razak, I’ve gone through and have the following comments 1, 2, 25

3, 4, 5. Then he says otherwise it is my opinion that the lawyers have 26

captured and drafted as we have discussed and agreed in our 27

meeting on Friday.’ Did you receive this e-mail from Udhaya? 28

29

RAZAK Yes, I did receive. 30

31

SST Now just wondering, did your meeting with Bank Rakyat on Monday 32

14.05.2007, proceeded? Do you remember? 33

34


36

SST You can’t recall? 37


RAZAK I have to check back my diary. 1

2

SST I’m just wondering, whenever you meet with Bank Rakyat, does Mr 3

Chee Ching Leong tag along or he comes whenever you’re not? 4

5

RAZAK As and when required, I’ll bring him. 6

7

SST I see. Thank you. 8

9

RAZAK Especially involve this decision making and need approval from the 10

senior management. Senior management, I refer to Goh Peng Wei. 11

12

SST Now please look at Bundle B4, page 1535. Now this is an e-mail from 13

Mr Udhaya to you. This was also cc to Encik Rahim and Dr 14

Narayanan. This is dated 16.05.2007. Apparently he attached the 15

Silverlake Bank Rakyat Sensitivity Analysis. He says, ‘Hai Razak, 16

we’re sending the Sensitivity Analysis.’ I’m just wondering did you 17

receive this e-mail? 18

19

RAZAK Okay, to note that the on the January 25th, I was away and only on the 20

Wednesday 16th 2007, the e-mail forwarded to me. 21

22

SST Sorry? 23

24

RAZAK The tail of the e-mail. 25

26

SST The date of the e-mail is 16.05.2007. 27

28

RAZAK From the Narayanan to the Chee Ching Leong dated on January 25th. 29

30

SST No, I’m not looking at that. I’m looking. 31

32

RAZAK No, I put note on this. 33

34

SST Okay, you put a note on that. But did you receive this e-mail 35

16.05.2007? 36

37


RAZAK Yes. 1

2

SST Yes, okay. 3

4

YA (00:52:14 inaudible) Break for 10 minutes. 5

6

SST Right. 7

8

JRB Court bangun 9

10

11

12

AKHIR 13

14

MASA : 3:39 PM 15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37


TARIKH : 19.12.2014 1

MASA : 3:45PM 2

3

MULA 4

5

SST Let’s continue with Bundle-B4 pages 1536 to 1537. 6

7

RAZAK 1535? 8

9

SST 1536 to 1537. Now this is an email from Mr Udhaya to you, it was also 10

cc to Encik Rahim and Dr Narayanan. This is dated 16.5.2007. There 11

is an attachment there Bank Rakyat project timeline. Udhaya wrote, Hi 12

Razak the project timeline and the high level, I was just wondering did 13

you receive this Bank Rakyat project timeline email? 14

15

RAZAK You are mentioning 1535? 16

17

SST No, 1536. 18

19

RAZAK Earlier you mentioned 1535 right? 20

21

SST Yes, we have passed that. I go on to another. 22

23

RAZAK But you said 1535 and 1536 24

25

SST I said 1536 and 1537. 26

27

RAZAK Okay, 1536. 28

29

SST Yes before the break we dealt with 1535. You got that? 30

31

RAZAK Yes. 32

33

SST 1536 and 1537. 34

35

RAZAK Yes. What’s the question? 36

37


SST This is an email from Mr Udhaya to you cc to Encik Rahim and Dr 1

Narayanan dated 16.5.2007, there is an attachment Bank Rakyat 2

project timeline. Now my question is did you receive this email? 3

4

RAZAK Yes I did receive. 5

6

SST Let’s continue with Bundle-B4 pages 1538 to 1579. Now this is an 7

email from you to Encik Rahim as well Mr Udhaya and this is dated 8

16.5.2007. You have attached a credit card outsourcing master 9

agreement which runs from pages 1539 to 1579. 10

11

RAZAK Yes. 12

13

SST Just wondering, this attachment, who gave you this attachment? Can 14

you recall? 15

16


18

SST You can’t recall. Now I noticed the date is 16 May, this would be 19

possibly two days after the 14.5.2007 meeting with Bank Rakyat. So 20

could it be possible that this attachment came from Bank Rakyat to 21

you, was given by Bank Rakyat to you? 22

23


25

SST You can’t recall. But you were sending this attachment to both Udhaya 26

and Encik Rahim first to inform them, right? 27

28

RAZAK Yes for their information. 29

30

SST Let’s go to Bundle-B5 page 1625. Now are you there? 31

32

RAZAK 1625, yes. But there is no PDF attachment after the email correct? 33

34

35

36


SST Yes, there’s a remark there, it’s in a earlier email. This is an email from 1

Dr Narayanan to you. This is dated 25.5.2007, it says Hi Razak, I am 2

attaching a PDF version of ICC’s proposal to Silverlake with regards to 3

Bank Rakyat. We will give you a hard copy version after your 4

feedback if any, best and regards. Now, did you receive this email? 5

6

RAZAK Yes. 7

8

SST And can you confirm that the term ICC, you see the word ICC? 9

10

RAZAK Yes. 11

12

SST It refers to the new company which was to be set up to run the card 13

operations for Bank Rakyat. Would that be correct? 14

15

RAZAK This as per their document, correct, ICC definition. 16

17

SST You did give a definition to the term ICC in your Witness Statement. 18

19

RAZAK Yes. 20

21

SST Can you look at our answer to question 49 page 16? Page 16, your 22

answer to question 49. As far you are concerned in a gist basically 23

ICC is referring to the company which was supposed to run the card 24

operations, correct? 25

26

RAZAK Yes. 27

28

SST Now let’s look at pages 1626 and 1627 of Bundle-B5. Are you there? 29

30

RAZAK Yes, 1626 and 1627. 31

32

SST Yes. This is an email from Mr Udhaya to you and Khoon Yin 33

(00:12:01). Now this is dated 7.6.2007. There is an attachment there 34

project tasks, it says Hi Razak attached is the project schedule as 35

discussed yesterday. Then there is a PS there, Khoon Yin again the 36


chart I will send later with all the others as decided in the project 1

meeting. Did you receive this email? 2

3

RAZAK Yes. 4

5

SST Now if you look at page 1627 under the major task number one, it 6

starts with approval for the setting up of BRICC. This will be Bank 7

Rakyat Islamic Card Centre? 8

9

RAZAK Yes. And the word BRICC is for the internal use until the bank finalise 10

the right name for their department. 11

12

[00:15:00] 13

14

SST Now let’s look at pages 1650 and 1651. Are you there? 15

16

RAZAK Yes. 17

18

SST This is an email from you to Mr Udhaya, you also cc this to Dr 19

Nayarana. This email is dated 13.8.2007 it said this is what the bank is 20

asking for the compensation by the company. The company you are 21

referring to? 22

23

RAZAK In the definition of the agreement is Silverlake. 24

25

SST Sorry? 26

27

RAZAK Definition in the agreements, SLA with Bank Rakyat the company is 28

Silverlake. 29

30

SST The company is Silverlake. And the client bank will definitely be Bank 31

Rakyat. 32

33

RAZAK Yes Bank Rakyat. 34

35

SST And basically the purpose of this email is because you wanted advice 36

from Mr Udhaya? 37


RAZAK It is not advice, it is to notify them. 1

2

SST To notify them. Now let’s go to pages 1660 to 1706 Bundle-B5. 3

4

RAZAK 1660? 5

6

SST 1660 to 1706. This is an email from you to Mr Udhaya cc to Encik 7

Rahim and Dr Nayarana and this is dated 22.8.2007. You have 8

attached this back-to-back subcontractor agreement between 9

Silverlake Systems Sdn Bhd and ICS Sdn Bhd. You said please run 10

through the agreement and advice. Basically do you agree that you 11

wanted their comments on this subcontractor agreement? 12

13

RAZAK Yes. 14

15

SST Can you recall when was the master SLA agreement signed between 16

Bank Rakyat and Silverlake? 17

18


20

SST When was the master SLA agreement signed between Silverlake and 21

Bank Rakyat? 22

23

RAZAK 21.12.2007. Correct, it’s in my statement, correct. 24

25

SST Now please look at page 1707 Bundle-B5. 26

27

RAZAK There is no attachment correct after the email? 28

29

SST Yes, it says the same as the attachment. Never mind, it’s an email 30

from Udhaya to you also cc to Dr Nayarana dated 24.8.2007. There’s 31

an attachment there but anyway it says Hi Razak attached is the 32

comments on the agreement and so on and so forth. Did you receive 33

this email from Mr Udhaya? 34

35

RAZAK Yes. 36

37


SST Now let’s go on to Bundle-B5 page 1708. This is an email from Mr 1

Udhaya to you also cc to Encik Rahim and Dr Nayarana. This is dated 2

27.8.2007, it says Hi Razak further to the issue raised in the previous 3

email from me to you any idea how you want to take the next step? I 4

remember you mentioned about meeting up as well. Now, you agree 5

that this is also, this is basically a follow-up email with regards to the 6

back-to-back subcontractor agreement which you emailed out at page 7

1660? 8

9

RAZAK Okay, the email that he is seeking my advice, yes, I received the 10

email. 11

12

SST 1660. 13

14

RAZAK Yes. 15

16

SST 1660, this is your email to Udhaya, Rahim and also (00:23:43 17

inaudible). 18

19

RAZAK 1660 yes and then his email to me on 1707. That’s what you are 20

asking me? 21

22

SST Yes, his comments to that. So this is also in regards to the same back-23

to-back subcontractor agreement. 24

25

RAZAK Okay and then 1708 which is seeking my advice. 26

27

SST No not seeking advice, my question is, you listen to the question 28

carefully. This is a follow-up email from Udhaya to you with regards to 29

the back-to-back subcontractor agreement which you forwarded to 30

him, correct? 31

32

RAZAK Yes. 33

34

SST That’s my question. 35

36

37


RAZAK That’s why I clarify here, seeking my advice from this email. 1

2

SST Now let’s move on to page 1709 Bundle-B5. Are you there, 1709? 3

4

RAZAK Yes. 5

6

SST This is an email from you to Mr Udhaya. This is dated 6.9.2007. You 7

have put the subject matter as BRM products and system meeting. 8

.This is what you wrote here, Udhaya the meeting at the bank is 9

scheduled on Monday 10.9.2007 from 5:00 pm to 7:30 pm at 10

Silverlake’s office at One Utama and ARAS will be attending the 11

session. Please get yourself and Dr available for the session. So in 12

other words you wanted both Mr Udhaya and Dr Nayarana to be 13

present as well, correct? 14

15

RAZAK Yes. 16

17

SST For this meeting with Bank Rakyat correct? 18

19

RAZAK Yes. 20

21

SST Can you remember whether or not this meeting in your office took 22

place with Bank Rakyat? 23

24

RAZAK I can’t recall. Can I refer you back to this? 25

26

SST Sorry? 27

28

RAZAK I can’t recall but can I refer back to you on this? 29

30

SST Sure. 31

32

RAZAK I will update you on my next session correct? 33

34

SST Now let’s move on to B5 pages 1711 and 1712. Are you there? 35

36

37


RAZAK Yes, 1711. 1

2

SST And 1712. Now this is an email from you to Mr Udhaya also cc to Dr 3

Nayarana dated 12.9.2007. Now you said, Udhaya kindly advice the 4

cap on liability on this professional liability and fidelity guarantee on 5

fraud or negligence. And in the body of this email I think there is an 6

earlier email from Udhaya to you 12.8.2007. I believe this is with 7

regards to the fraud risk issue in the agreement between Second 8

Defendant and IICS. This is, this email is basically inference to that, 9

would I be correct? 10

11

[00:30:00] 12

RAZAK I am replying to his email. 13

14

SST Yes, you basically asked for his feedback on this. 15

16

RAZAK And asked further clarification from his email, yes. 17

18

SST Now let’s look at page 1713 Bundle-B5. This is an email from Mr 19

Udhaya to Mr Andy Ng, Mr Chee Ching Leong, also cc to Dr 20

Nayarana. Subject matter is the agreement between ICSO and the 21

Second Defendant. Did you receive this, sorry, are you aware of this 22

email? I know you are not listed here but. 23

24

RAZAK If you follow the subsequent page 1714 email respond by Andy and 25

sent to me, yes. 26

27

SST That means you only got to know about this email when at the next 28

page Andy directed the email to you? 29

30

RAZAK Yes. Yang Arif, can I ask something on this? Each time the counsel 31

asking the question, is he asking me as Razak as Razak or Razak as 32

the Second Defendant? 33

34

SST You are not the Second Defendant. The Second Defendant is the 35

company. 36

37


RAZAK But the question that you are asking, some of the email you are asking 1

earlier, that’s why I am a bit confused. 2

3

SST The emails your name appears there. 4

5

RAZAK Yes my name appear there. And then sometime my name is not 6

appear you asking are you receive this or not? 7

8

SST There is a reason for that. I was just wondering whether or not you 9

were forwarded this email by the recipients of the email. I am not 10

making an issue of that. 11

12

RAZAK Okay. 13

14

SST So basically you did come to know about this email at page 1713 15

when Andy wrote to you at the next page is it? Correct, that’s what 16

you said? 17

18

RAZAK Yes. 19

20

SST Please look at pages 1715 to 1731. Now are you there? 21

22

RAZAK Yes. 23

24

SST Now this is a email from Mr Udhaya to you and also cc to Dr 25

Nayarana. We are now on 14.10.2007. It says Hi Razak, attached is 26

the financial for the Silverlake Bank Raykat proposal. I was just 27

wondering did you receive this email from Udhaya? 28

29

RAZAK Yes I did receive this. 30

31

SST Now let’s go to B5 pages 1732 to 1756. 32

33

RAZAK To 17? 34

35

SST 1732 to 1756. Now did you receive this email from Mr Udhaya? 36

37


RAZAK Yes. 1

2

SST Now let’s look at page 1757 B5. Are you there? 3

4

RAZAK Yes. 5

6

SST Now this is an email from Mr Udhaya to you dated 17.10.2007. I 7

believe this was in response to your request to fill up the number of 8

resources as stated in your email below. Is that correct? 9

10

RAZAK Yes. 11

12

SST Now let’s look at pages 1759 to 1771 Bundle-B5. 13

14

RAZAK 17? 15

16

SST 59 to 1771. 17

18

RAZAK 1759. 19

20

SST Now this is an email from you to Mr Udhaya. It is dated 19.10.2007. 21

You have attached this document Bank Rakyat Malaysia BPO credit 22

card business risk and mitigation. Your email says run through and 23

make correction or add on if any. In other words you needed or you 24

wanted Udhaya’s feedback on this document, correct? 25

26

RAZAK No, I just notify to him and if he is disagreeable he has to make 27

changes to that. 28

29

SST You ask him to run through and make corrections, add on if any. 30

31

RAZAK Yes notify him and if any changes required please do so. 32

33

SST Now let’s look at pages 1772 to 1782 Bundle-B5. Now are you there? 34

35

RAZAK 1772. 36

37


SST Yes. This is Mr Udhaya’s email to you dated 19 October. 1

2

RAZAK Yes. 3

4

SST It says Hi Razak, attached is the required template that has been 5

outdated. The changes are in page 1 and then he went on at 6

paragraph 2 and 3, the attachments you can see at pages 1773 to 7

1782. Now do you agree that basically Mr Udhaya did come back with 8

his comments? 9

10

RAZAK His view. 11

12

SST His view or comments. 13

14

RAZAK Not comments, his view. 15

16

[00:45:00] 17

18

SST His views okay. Now let’s go to Bundle-B5 pages 1804 to 1848. 19

20


22

SST Yes until 1782. Now this is your email to Udhaya also cc to Khoon Yin 23

dated 7.11.2007. You have attached a revised back-to-back 24

subcontractor agreement. This is basically a revised subcontractor 25

agreement again between the Second Defendant and IICS, correct? 26

27

RAZAK It is a back-to-back subcontractor agreement. 28

29

SST Yes, but it is between those two parties correct? 30

31

RAZAK Yes. And then this email is. 32

33

SST No, I will ask the question. 34

35

RAZAK But I need to clarify on this. 36

37


SST No you can clarify later. 1

2

RAZAK Okay. 3

4

SST Now let’s go to page 1849 and 1850. Are you there? 5

6

RAZAK Yes. 7

8

SST Now this is an email from Khoon Yin to Michael Choong, Adrian Tan, 9

Teoh, Kang Weng Hong, Chow, Wong Yok Khoon, Udhaya, Dr 10

Nayarana and cc to you as well as Mr Chee Chin Leong. This is dated 11

9.11.2007. The reference here is to the signing ceremony for the Bank 12

Rakyat project. 13

14

RAZAK Yes. 15

16

SST Now I am assuming this is the signing ceremony of the contract 17

between the Second Defendant and Bank Rakyat correct? 18

19

RAZAK Yes on the 21 November but the attachment is not here. 20

21

SST This is what Khoon Yin said, dear all please be informed that the 22

signing ceremony for Bank Rakyat is scheduled on 21 November 23

following that we shall have the kick-off meeting officially start the 24

project as we have very limited time to complete the project. We need 25

to work wisely to achieve our objectives. That means we need to start 26

work immediately, we need to revise and update implementation plans 27

for respective areas. The agenda and framework for kick-off is also 28

attached for review. I would like us to meet next Monday 12 November 29

to discuss the kick-off framework. The meeting to share the kick-off 30

framework with Bank Rakyat is scheduled on Wednesday the same 31

week. Please be advised if you are not able to attend. So basically as 32

far as, sorry before I continue, is Khoon Yin still with Silverlake? 33

34

RAZAK Yes, she is still with Silverlake now. 35

36


SST So basically as far as Khoon Yin is concerned Mr Udhaya and Dr 1

Nayarana are also essential members for this officially kick-off or 2

officially start the project as far as this email is concerned. 3

4

RAZAK Yes. 5

6

SST Let’s move on to pages 1851 to 1853. Are you there? 7

8

RAZAK Yes. 9

10

SST Again an email from Khoon Yin to Adrian Tan, yourself, Tham Weng 11

Khong, Teoh, Mr Udhaya, Dr Nayarana, Cheow, Michael and Wong, 12

also cc to Mr Chee Chin Leong. It says, dated 9.11.2007, this is what 13

it says, this is what Khoon Yin says, we shall include discussing the 14

building module after the kick-off discussion. This is important module 15

that requires everyone’s input. This is where our revenue is and she 16

says Adrian please send everyone a copy of the billing requirements 17

so that they can familiarize before coming in for discussion. And I think 18

this is, is this Andy? 19

20

RAZAK Which one? 21

22

SST It’s AND, fourth line. Is she referring to Adrian or? 23

24

RAZAK Which one? The second one? 25

26

SST The fourth line, fifth line in the email. 27

28

RAZAK Adrian, N. 29

30

SST N please (00:54:22 inaudible) a discussion, meeting room is Issac 31

Newton, thank you Khoon Yin. So basically as far as Khoon Yin is 32

concerned, for this billing module Mr Udhaya and Dr Nayarana’s input 33

are also required? 34

35

RAZAK Yes. 36

37


HLC My Lady I think the question asked is as far as Khoon Yin is 1

concerned their input is required. I don’t think that is the right question 2

to pose to this witness. We should not just slip it in somewhere like 3

this. So he is Razak so he can’t, if he wants to ask whether he knows 4

what is happening fine. But he cannot say that as far as Khoon Yin is 5

concerned that is required. I think that is unfair to pose to this witness. 6

7

SST Sure. Now 8

9

RAZAK Are you referring the same page 1851? 10

11

SST We are moving on. 12

13

HLC May I suggest this is the time to stop here? I don’t know how many 14

more to go. 15

16

SST I still have quite a long way actually. I still have quite a lot actually. I 17

hope to finish at least by the next session. I think I should be able to 18

finish by the next session. 19

20


22

SST I think by the next session I should be able to finish. I believe I was 23

told probably 29? 24

25

ABR No date has been fixed yet. 26

27

YA What about Monday (00:56:48 inaudible)? 28

29

ABR I am away My Lady for work this Monday. I understand that there is 30

one date that My Lady has suggested at the previous date, 29 and 30. 31

Apparently the person I mean that case has been settled so we are 32

available on the 29. 33

34

YA Counsel (00:57:17 inaudible). 35

36

37


ABR How many days, at least how many days? 1

2

SST I think it is possible we can wrap by next, another one full day. I will try 3

to speed things up, I think another one full day should be sufficient. 4

5

YA So there is no (00:57:34 inaudible), step down. 6

7

RAZAK Okay, thank you. 8

9

YA 29? 10

11

ABR 29 yes. 12

13

YA 30? 14

15

ABR 30 I think the witness. 16

17

HLC Yes the witness will not be available because he has a project, in fact 18

today he is supposed to be there but because of the reshuffling with 19

the first witness, so he has to postpone his trip. So he has to go by 30 20

but he will make himself available on the 29. 29 okay right Razak? 21

22

RAZAK 29 should be okay. 23

24

YA I need a few more dates. In fact (00:58:56 inaudible) 25

26

ABR I am going on Monday coming back Tuesday. This is for the, I am in 27

Jakarta for one day. 28

29

YA 30? . 30

31

ABR 30 witness is not available Yang Arif. 32

33

YA I see, what about 19, 20 and 21? 34

35

ABR I have got a trial on those days. 21? 22 I am available Yang Arif, yes 36

37


YA What about 21 and 22? 1

2

ABR 22 I am available. 3

4

SST 22 is not because I have to (00:59:32 inaudible). 5

6

YA 19 and 20? 7

8

HLC I am okay. 9

10

ABR I have got a trial on those days Yang Arif, sorry. 11

12

YA 17? 13

[01:00:00] 14

15

ABR Sorry Yang Arif? 16

17

YA 17 February? 18

19

ABR The first two weeks I am before Justice Hasnah for a trial Yang Arif, 20

for attending trial. 21

22

YA So might as well fix for February. 23

24

ABR Yes Yang Arif. 25

26

YA 9, 10, 11? 27

28

SST I am okay for 9 and 10. 29

30

HLC 10 to 13 the whole stretch I have already an arbitration. 31

32

YA 9? 33

34

HLC 9, actually I have another arbitration but I think I can be excused. I will 35

take 9. 36

37


ABR Yes. 1

2

SST Yes. 3

4

YA There are no dates in January? (01:01:03 inaudible) 5

6

ABR Yang Arif what about the last week of January? I am available on 27, 7

28 and 29. 8

9

HLC I am okay for the whole week. 10

11

ABR 27, 28, 29. 12

13


15

ABR What is going on? 16

17

HLC Maybe we can get them to swap dates. 18

19

YA That is the proceedings with the (01:01:30 inaudible). 20

21

HLC If they can take other, if they can swap dates. 22

23

ABR 27, 28, 29 all of us are. 24

25


27

ABR So far as February it is 9 Yang Arif. 28

29

YA (01:01:51 inaudible), 16, 17? 30

31

HLC 16 and 17 I have a trial actually even if it is Chinese New Year. 32

33


35

HLC Chinese New Year is 19 and 20. How about 5 and 6? 36

37


YA 5 and 6? 1

2

ABR 5 and 6, it appears to be okay Yang Arif. 3

4

YA it is Friday (01:02:30 inaudible). 5

6

ABR Yes. 7

8

YA So what about 4 and 5? 9

10

HLC I actually have a trial on 4 and 5 but I think I can finish it within one 11

day so that’s why I can offer 5. 12

13

YA 5? 14

15

HLC Yes 5. In fact I am taking some risk but I think I can finish it. 16

17


19

ABR Yes I think it is good idea. Yang Arif do you have any dates in 20

February that Yang Arif is available? 21

22

YA 4, 5, (01:03:14 inaudible). 23

24

ABR That is already, 5 is already one date. 25

26

YA 9 to 13? 27

28

ABR 9 to 13. 29

30

HLC Only 9 I can take. 31

32

ABR We have taken 9. 33

34

YA So what about (01:03:29 inaudible)? 35

36

37


ABR No. 1

2

HLC I have 13 I have an arbitration. 3

4

YA 16? 5

6

ABR I think that is Chinese New Year Yang Arif. 7

8

YA How about the 23 to 25? 9

10

HLC I wouldn’t be back by then but if we really have to take perhaps the 11

later part of the week maybe 26 or 27 then I just pop by for a day. 12

Actually I have taken leave but if I am not travelling then. 13

14

ABR 26 Yang Arif? 15

16

YA 26 and 27? 17

18

ABR 27 I have got a trial. 26 I am available. 19

20

HLC I may have to balik kampung and all these things but actually that 21

week I am off but if we really need to squeeze some time then I will 22

offer towards the end of that week. 23

24

YA 26? 25

26

HLC Yes 26. 27

28

ABR Yang Arif I just have, I understand from my learned friend that he will 29

take the entire day, the entire 29. The reason why I am raising this is 30

that I would like my client to be back from umrah when I cross 31

examine Encik Razak so if I can start my cross examination with Encik 32

Razak not on 29 but the next date on the 5. 33

34


36


ABR I will be present but I think my learned friend is continuing with the 1

cross examination, based on my understanding he is taking the whole 2

day. So I am just saying that if I would like to start when my client is 3

back from umrah. 4

5


7

ABR Unfortunately My Lady you look at the witness statements by the 8

Plaintiff is so long. So sorry. 9

10


12

ABR Yes, I will, I think anyway he will need the whole day. So I based on 13

his. 14

15

YA I just want to highlight that (01:05:54 inaudible). 16

17

ABR Sure. I understand My Lady. 18

19

JRB Court bangun. 20

21

22

23

24

25

AKHIR 26

27

MASA : 4:51 PM 28

29

30

31

32

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