Alleged use of falsified documents by individuals to take over company and land

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in the photo two different documents - one on the left is the original document in possession of Terisah and other original shareholders, while on the right is the alleged falsified document of the other party involved

KOTA KINABALU: This is a follow up the 1st Press Statement which a group  including Datin Terisah Bahan claimed to be the original shareholders of a company limited by shares called Kedatuan Sdn Bhd.

In the first report, they claimed that they never sold any of their shares to anyone and they still have their original share certificates.

This was carried in a newspaper on 11 April 2019.

(http://www.dailyexpress.com.my/news/133692/group-demands-answers-on-land-sale-fraud)

The police, Malaysian Anti-Corruption Commission (MACC) and Malaysian Companies Commission (SSM) were urged to investigate into an alleged criminal offense for the use of alleged falsified documents in the Court of law by certain individuals in an attempt to claim ownership of a company and land estimated to worth RM15 to 20 million.

The dishonest party has sold the stolen land to a West Malaysian company for RM15 plus million ringgits for 2,000 acres of agriculture land in Kota Belud belonging to the company which the original shareholders owned and have never sold their shares.

Datin Terisah Bahan, 66, who lodged the police reports on behalf of all the original shareholders, claimed the individual(s) concerned had even submitted the alleged falsified documents in the court of law to support their claim of ownership on their company and the land concerned, which she said is a very serious criminal offence which violate Penal Code 471 punishable under Section 468 of the same act which carries a maximum jail term of seven years and fined, if convicted.

In a statement she said it is unbelievable to see dishonest gang using false instrument so blatantly in broad day light, to steal company shares that does not belong to them, and have no fear of the law and have no fear of the judiciary.

Not a single document is genuine which was used by the dishonest party in the court of law to claim ownership of Kedatuan Sdn Bhd,he she claimed.

Terisah had made 4 police reports in Luyang Police Station a statement was taken by an officer in the Commercial Crime Department Kota Kinabalu just after the 16.12.2019 report was made and the other three were made in January and February this year.

The Police did not make any statement on the other three police report.

In the 16.12.2019 police report she show that there are five falsified documents filed by the dishonest party together with their “Affidavits in Support” and/or “Affidavits In Reply” to show that they owned the shares in Kedatuan Sdn Bhd.

In the police report lodged on the17.1.2020 she gave details in chronological order, the method used by the dishonest party to change the shareholding from the original shareholders to the two alleged proxies of the dishonest party (hereinafter refers as “Proxies”).

She said she also included in this 17.1.2020 report another falsified “company Information “ supposedly from SSM extracted on 29 May 2008 to show that the alleged proxies own 500 shares each in Kedatuan which they send to the Land & Survey Department (LSD) in Kota Kinabalu to mislead LSD into believing that’s they are the new Shareholders of Kedatuan.

“However our shareholder, Siti’s husband (Raskan Asnag) had obtained a “company information” issued by SSM on 25.3. 2008 which still shows that the original shareholders are still the directors and shareholders of the company,” she said.

According to her, the 4 documents in the SSM record debunk this claim of owning 500 shares each by allege proxies in 1982;

a) There are two original form 24 found in SSM record clearly shows that there are already 1.000 issued shares in Kedatuan in 1977.

b) Also Found in SSM record in the “1982 Annual Return” prepared by an associated accounting firm and filed into SSM on the 8.10.2008 show that the allege proxies of the dishonest party bought 2 shares each from Siti Hairani Binte A. Ghani (Siti) and Koh Han Ting ( Koh).

c) From SSM record the “1984 Annual Return” shows that alleged proxies both issue 499 shares to themselves. (This is how the proxies obtained their illegal 500 shares). From these record alone, it shows that the 500 shares which proxies said that they owned is criminally obtained.

“The transaction of buying two shares never happened. Even if it did the alleged proxies are minority shareholders and cannot issue 499 shares each to themselves. This is a clear documentary evidence to show that these 1,000 shares owned 500 shares each by the proxies cannot be true and are criminally obtained.

“We believe that the LSD, using this falsified document the “Company Information dated 29.5.2008” as reference, give alienation of the 2,000 acres land to Kedatuan Sdn Bhd to both alleged proxies named as shareholders and directors (of Kedatuan) and not to us, who were the ones who had earlier on applied for the alienation renewal,” she alleged.

The other two reports are on the two accomplices in the cheating operation.
“I hope the police, MACC as well as SSM will investigate this immediately because we have provided a substantial proof of the falsification of these documents, which must be looked at seriously,” she said.

Terisah also said she have given strong proofs to show clearly how the dishonest person had unlawfully steal our shares in Kedatuan and I hope the police will investigate into this matter urgently.

“We believe an associated accounting firm and an officer in SSM are working together to produce documents filed to SSM to change the shareholdings from the original shareholders to the alleged proxies during the period between 10.7. 2008 to 8.10. 2008,” she said.

Terisah said the eventual beneficiary of the “stolen” land worth RM15 to 20 millions is no one other than dishonest person himself.

“The dishonest person is a heavyweight in the court of law involving numerous court cases dealing in the purchase of land,” she charged.

Saying all the falsified documents can be easily proven, she hopes the evidences given by them can be validated immediately so the wrong doers can be brought to justice as soon as possible.

“Thieves should not be allowed to succeed in using fake documents to steal other people’s properties. I and all the original shareholders do not know who the alleged proxies are,” she said.

“We request the police to investigate and to prosecute the dishonest person for using six falsified documents in the court of law in Malaysia to claim ownership of the Kedatuan shares. In that police report we have provided all the leads pointing to the reasons as to why these documents used in court proceedings are false documents,” she said.

Terisah said Malaysia is a law abiding country so they have every confidence that the police, MACC and SSM will not allow thieves to thrive and prosper in this country.

“There are compelling documentary evidence to clearly show the person who directed the whole cheating operations is the dishonest person. The help from the officers.

“The authority must be quick to apprehend these culprits to send a deterrence message to those involved in cheating and that crime does not pay,” she said.

She said that she had also made report to the MACC in Sabah and Kuala Lumpur, SSM in Kuala Lumpur, the Commissioner of Police in Sabah as well.

She also plead to Members of the State Legislative Assembly and also the Members of Parliament from Sabah to help look into this matter, saying thieves must not be allowed to succeed in stealing other people’s property using untrue and fabricated documents.

“Please do not allow this to happen in the State Of Sabah,” she said. -PR/BNN

in the photo two different documents – one on the left is the original document in possession of Terisah and other original shareholders, while on on the right is the alleged falsified document of the other party involved