Taib’s sons vs Raghad: High Court hears arguments whether case should be heard by Syariah or civil court

Mahmud Bekir (second left) and Sulaiman (third left) with their counsels, Alvin Chong (right) and Jonathan Tay (left).

By Dorcas Ting

KUCHING, Sept 30: The ongoing legal battle between Dato Sri Sulaiman Abdul Rahman Abdul Taib and Dato Sri Mahmud Abu Bekir Taib against Datuk Patinggi Raghad Kurdi Taib and RHB Investment Bank Berhad has entered a crucial phase as the court deliberates on whether the case falls under the jurisdiction of the Syariah Court or the Civil Court.

The case involves significant assets tied to the estate of the late Datuk Patinggi Laila Taib, including shares in Cahya Mata Sarawak Berhad (CMSB). Sulaiman and Mahmud Abu Bekir are Laila’s sons while Raghad is their stepmother.

The plaintiffs are represented by a legal team consisting of Alvin Chong, Ezekiel John Chong, Harizan Hanzah, and Jonathan Tay. Raghad Kurdi Taib, the first defendant, is represented by Alvin Yong, Shirleen Ong, and Wong Chun Ming. RHB Investment Bank Berhad, the second defendant, is represented by Tan Kee Heng and Lesley Ling.

The plaintiffs intend to call four witnesses. Today, three were present, with the final witness, Datu Muhamed Ali Mohamed Sherif Sahib, expected to testify on Wednesday (Oct 2). The first witness, Noor Rafidah Ali, Acting Chief Registrar of the Syariah Judicial Department of Sarawak, took the stand.

In her examination-in-chief conducted by Jonathan Tay, Noor Rafidah testified that she had received a subpoena to provide documents on behalf of the plaintiffs. The key documents, marked as Enclosure 240, included correspondence between Alvin Chong Advocates and the Syariah Judicial Department regarding whether the late Sarawak Governor Tun Pehin Sri Abdul Taib Mahmud had filed any claims for ‘harta sepencarian’ (jointly acquired property) related to the estate of the late Laila Taib. Noor Rafidah confirmed that no such case had been filed in the Syariah Court.

In cross-examination by Tan Kee Heng, Noor Rafidah was questioned about her role and the Syariah Court’s jurisdiction. She clarified that she was the Acting Chief Registrar of the Syariah Appeal Court, a position she had held since March 2023. The defense asked her about the ten subject matters under the Syariah Courts Ordinance 2001, Section 10(3)(b), which outlined the court’s civil jurisdiction. Rafidah affirmed that the Syariah High Court had jurisdiction to hear actions related to these subject matters.

Noor Rafidah elaborated on the Syariah Court’s jurisdiction, stating that the court’s authority is outlined under Section 10(3)(b) of the Syariah Courts Ordinance 2001. She explained that the Syariah High Court has exclusive jurisdiction to hear specific matters, including those related to Islamic inheritance laws, but the defense questioned whether the current case, involving corporate shares and financial assets, falls under its purview.

The second witness, Sulaiman, Group Managing Director of CMSB, testified regarding his mother’s shareholdings in the company. During cross-examination by Alvin Yong, Sulaiman confirmed that his late mother held 111 million shares in CMSB at the time of her passing in 2010. However, he stated he was unaware of how she acquired the shares or whether she had received a salary from employment.

Mahmud Abu Bekir, Group Deputy Chairman of CMSB, testified next. Under cross-examination, he confirmed that Raghad was a beneficiary of his late father’s estate. He also confirmed his signature on documents transferring 400,000 shares in Ding Brothers Holding, previously under the estate of Laila. These shares were listed as “OTHER ASSETS” in the company’s records.

When questioned about the plaintiff’s claim for restitution of 55 million CMSB shares to the estate of Leila Taib, Mahmud Abu Bekir stood by his original witness statement, affirming that these shares should be distributed among the beneficiaries according to the principle of Faraid (Islamic inheritance laws).

The trial will resume on Wednesday (Oct 2), with the fourth witness expected to testify before High Court Judge Alexander Siew How Wai. — DayakDaily