SUIT....Beatty
(centre) with his counsel, Joseph (right) when filing the suit at the High
Court’s registry yesterday.
By : KELIMEN SAWATAN.
KOTA KINABALU: A member of
Pertubuhan Kadazan Dusun Murut Malaysia (KDM Malaysia) filed a suit in the High
Court seeking a declaration that the appointment of Dato’ Peter Anthony as the
new president of the non-governmental organisation as null and void.
Harry Ignatius Beatty, a
41-year-old businessman from Kampung Kolopis, Penampang yesterday filed the
suit at the High Court’s registry through his counsel Marcel Jude Joseph,
naming Anthony as the sole defendant.
In his suit, Beatty is also
seeking a declaration that Datuk John Ambrose is the lawful and rightful
president of the organisation.
He is also seeking a
reinstatement of his membership to KDM Malaysia and the privileges and rights
attached thereto, and an injunction to restrain Anthony from acting as the
organisation’s president.
He also seeks damages, cost
and any other reliefs deemed fit by the court.
In his statement of claim,
Beatty said the defendant was previously the vice president and treasurer of
KDM Malaysia.
He said KDM Malaysia was the
brainchild of Ambrose who wanted to establish a non-governmental organisation
that would help and uplift the KDM community in a concrete and practical way
irrespective of tribe, native race and religion.
Beatty pointed out that the
goals of KDM Malaysia, which was established in early July 2010, among others,
are to contribute effectively towards the social transformation in Sabah by
focusing on educational programmes to help the rural KDM community and to
champion and defend the interests, traditions, culture, establishment and
survival of the community.
The plaintiff claimed that
on March 23, this year, Ambrose received a faxed message from the office of KDM
Malaysia dated March 15, informing him of the second annual general meeting
(AGM) held on March 31, at 2pm at the Penampang Cultural Centre.
On March 28, the local media
highlighted that an extraordinary general meeting (EGM) had been held where
Anthony was alleged to have been endorsed as the new president of the KDM
Malaysia to replace Ambrose.
Beatty pointed out that the
second AGM supposedly to be held on March 31, had been postponed without any
reason assigned by the Exco of KDM Malaysia despite there being about 150
people present to attend the meeting.
Shortly thereafter, Beatty
said that it was reported by The Borneo Post in its April 3 edition that the
appointment of new president of KDM Malaysia as valid.
He claimed that the press
report was of serious and grave concern to him and began undertaking an
investigation into the matter.
He pointed out that in the
latest annual return of the organisation filed with the Registrar of Societies
(ROS) there were 497 members, but in the press report, the membership of the
organisation had been drastically reduced to 25 for reasons unknown to him and
to other members.
Furthermore, the EGM held on
March 28 was convened without any notice being extended to him, Ambrose and
other members of the organisation, Beatty said, adding that Ambrose was
unlawfully replaced as president of KDM Malaysia and Anthony was installed as
the new president without compliance of the law.
Beatty added that his
suspicions were further confirmed by two letters issued to KDM Malaysia and to
ROS which he said he would rely upon during the trial of his action.
The first letter dated July
11 was written by Datuk Rubin Balang, the deputy president of KDM Malaysia, and
a second letter dated July 10, issued by Datin Aminah Ambrose, who is also a
member of the organisation.
In the letters, Balang and
Aminah claimed that they did not receive any notice pertaining to the said EGM.
Beatty claimed the actions
of the defendant are unlawful, unconstitutional and would negatively impact KDM
Malaysia and its existence. (theborneopost)
Selesaikan masalah dalamana KDMM dengan baik.
ReplyDeletepemilihan presiden kena dilakukan atas persetujuan ramai. jadi tak tmbul isu ini.
ReplyDeleteUndian ahlia adalah paling berkesan dan demokrasi.
Deletekalau tidak setuju, buatlah pemilihan semula.
ReplyDeleteAgree, this will show that the appointment of KDM president is fair and square.
Deletesabah-go-green.blogspot.com
Betul juga. buat la pemilihan semula.
DeletePemilihan presiden melalui undian palign adil.
ReplyDeleteWe shall wait and see how the court judges this suit.
ReplyDeletelebih baik buat undian untuk memilih presiden...itu lagi sesuai..dengar sura ramai.
ReplyDeleteJika tidak sah sebagai president masih boleh memohon.
ReplyDeleteKalau tidak sah, jadi bukan presiden la tu.
DeleteKita tunggu saja adalah dia layak atau tidak menjadi president KDM suatu hari nanti.
ReplyDeletemacam mana la persatuan KDM ni mahu mahu menyelesaikan masalah2 kaum KDM jika persatuan sendiri bermasalah..
ReplyDelete