Sulaiman-Bekir vs Raghad-RHB: Proceedings centre on which court has jurisdiction

KUCHING (Sept 30): The legal dispute between Dato Sri Sulaiman Abdul Rahman Abdul Taib and Dato Sri Mahmud Abu Bekir Taib against their stepmother Datuk Patinggi Raghad Kurdi Taib and RHB Investment Bank Berhad is currently focused on determining whether the case falls under the jurisdiction of the Syariah Court or the Civil Court.

The case centres on substantial assets related to the estate of the late Datuk Patinggi Laila Taib, which includes shares in Cahya Mata Sarawak Berhad (CMSB).

The proceedings here today saw CMSB group managing director Sulaiman, group deputy chairman Bekir, and Syariah Judicial Department of Sarawak acting chief registrar Noor Rafidah Ali taking the stand as plaintiff witnesses.

During examination-in-chief by Sulaiman and Bekir’s counsel Jonathan Tay, Noor Rafidah confirmed there was no case for the claim of ‘Harta Sepencarian’ (jointly acquired property) filed in the Syariah Court regarding the estate of the late Laila by the late Tun Pehin Sri Abdul Taib Mahmud.

Cross-examined by RHB Investment Bank Berhad counsel Tan Kee Heng, who asked Noor Rafidah whether the Syariah High Court is vested with the jurisdiction to hear an action where it relates to one of the 10 subject matters listed in Section 10(3)(b) of the Syariah Courts Ordinances 2001, Noor Rafidah affirmed that it is.

“If the subject matter of the case falls within one of the 10 categories outlined in Section 10(3)(b) of the Syariah Courts Ordinance 2001, the Syariah High Court has jurisdiction,” she said.

During cross-examination by Raghad’s counsel Alvin Yong, second plaintiff witness Sulaiman testified that his mother had 111 million shares in CSMB at the time of her passing in 2009.

He stated that he has no knowledge of how his late mother had acquired those shares, or whether she received a salary from employment.

Meanwhile, third plaintiff witness Bekir, under cross-examination by Tay, confirmed that Raghad is a beneficiary of his late father’s estate.

He also confirmed to have signed documents on transferring 400,000 shares in Ding Brothers Holding Sdn Bhd that were previously under the estate of his late mother, which are also listed as ‘Other Assets’ in the company’s record.

During cross-examination by counsel Lesley Ling for RHB Investment Bank Berhad, Bekir said the plaintiffs’ claim for the RM50 million shares in CMSB is for those shares to be returned to the estate of his late mother for distribution to all beneficiaries according to their rightful entitlements under the principle of Faraid.

Sulaiman and Bekir are represented by Tay, Alvin Chong, Harizan Hamzah and Ezekiel John Chang.

The first defendant, Raghad, is represented by Yong, Shirleen Ong and Wong Chung Ming, while second defendant RHB Investment Bank Berhad is represented by Tan and Ling.

The proceeding today was heard before High Court Judge Alexander Siew How Wai.