Luqman's musings

  The following is my email to the AG's office seeking clarification. luqman michel   From: luqmanm2002@yahoo.co.uk To: sagchambers@sabah.gov.my Mon 28 Apr at 08:43 Dear Sir,   In November 2022, I received correspondence from Messrs. Ronny Cham and Co., claiming to represent Topwira Corporation Sdn Bhd, as well as Puan Rosemary Ahping, General Manager of LPPB, and Puan Della E. Sinidol of LPPB. I sought confirmation from Puan Rosemary and Puan Della regarding whether they authorized Mr. Ronny Cham to act on their behalf, but received no response. LPPB has not clarified whether Mr. Ronny Cham represents the individuals or the organization, leaving his role unclear.

  Here is the letter from Messrs Ronny Cham & Co dated 30.11.2022. (Written without prejudice) Our clients have issued you a letter on 28.11.2022 stating the conditions upon which they will convene the said meeting. Besides the conditions stated in our clients’ letter, we have our clients’ further instructions to state that you shall also be responsible for our clients’ costs in engaging our clients’ project architect, engineer, surveyor and the M&E engineer to attend the said meeting. If you are not agreeable, our clients will not guarantee their attendance.

                                         The above is probably only for public consumption. I recently saw a Facebook post about the Bangkok tower collapse from a month ago, but as usual, such posts are shared without follow-up. I've been vocal about the lack of accountability among Sabah's civil servants, particularly regarding unanswered emails about a housing project in Kota Kinabalu. In the Vistana Heights case, I’ve accused the developer, Topwira Corporation Sdn Bhd, and the architect, LYS Architect, of using a fabricated as-built survey. As a former manager at a Licensed Surveyor’s office with over two years of experience, I can read drawings and stand by this claim. The professionals involved—engineers, architects, and surveyors—seem to escape accountability for what I consider gross negligence.

I received another letter from Ronny Cham dated 30.11.2022. Unlike previous letters, this was marked ‘without prejudice’. What does ‘without prejudice’ mean? ‘Without prejudice’ has specific legal implications, primarily in the context of dispute resolution and negotiations. It cannot be used in court as evidence. This fosters candid discussions aimed at resolving issues. This protection only applies to communications genuinely aimed at settling a dispute.

  In my blog post yesterday , I discussed a letter from LPPB dated November 23, 2022, which stated, “We sincerely hope there will be a solution for both parties from the meeting with TCSB and their respective consultants.” However, I received an earlier letter, dated November 16, 2022, from Ronny Cham & Co., signed by Cham Ngit Shin @Ronny Cham, addressed to Puan Rosemary Ahping, LPPB’s General Manager. This letter referenced a meeting on November 16, 2022, at 10:30 a.m., attended by Topwira Corporation Sdn Bhd (the developer), LPPB, project consultants, and senior officers. It noted LPPB’s suggestion that Topwira meet with affected house buyers to resolve issues amicably, but Topwira insisted that buyers attend with their solicitors, architects, engineers, and surveyors to ensure a productive discussion.

  On 23.11.2022, I received a letter from The Commercial Development Architect, Mohamed Andy Osman of LPPB, stating the following: 1.      This letter is to update you with regards to our meeting with Topwira Corporation Sdn Bhd dated 16.11.2022. TCSB has assured LPPB that they are willing to meet with the relevant residents to resolve matters amicably, especially with the incorporation of architects, C&S, M&E engineering consultants for their inputs and assistance in the settlement of matters 2.      Therefore, please contact TCSB directly or TCSB’ lawyer*, Mr. Ronny Cham to arrange a date and time for the meeting. 3.      We sincerely hope there will be a solution for both parties from the meeting with TCSB and their respective consultants. **