TAWAU: The civil trial involving AuMas Resources Berhad (now known as Bahvest Resources Berhad) and its wholly owned subsidiary, Wullersdorf Resources Sdn Bhd (WRSB), against Datuk Lo Fui Ming, Lo Teck Yong, Chong Khing Chung and Southsea Gold Sdn Bhd continued before the High Court in Tawau today.

The proceedings, heard before Judicial Commissioner Steve Ritikos, entered its sixth day with the cross-examination of the plaintiffs’ first witness, former AuMas Chief Executive Officer Chong Tzu Khen.

The plaintiffs are represented by Norbert Yapp & Associates together with Azimi Yahya, while the defendants are represented by Andy Tay & Associates alongside Lawrence Chai and Peter Soong & Partners.

Among the reliefs sought, the plaintiffs are seeking declarations that Datuk Lo Fui Ming and Lo Teck Yong breached their fiduciary, statutory and duty of care obligations, and that a Temporary Resolution between WRSB and Southsea is null and void. They are also seeking the return of RM6 million paid to Southsea on May 10, 2023, general, aggravated and exemplary damages, interest at five per cent per annum, as well as a special claim of RM67,086,250 relating to the alleged loss of 41 gold dore bars.

During cross-examination, Chong acknowledged that he was a director of WRSB and had served as an alternate director of Southsea, with access to financial records and entitlement to attend and vote at board meetings.

However, he maintained that he was not invited to attend board meetings after April 26, 2023.

He further agreed that he had not recorded any formal objection in board minutes, nor lodged complaints with the Companies Commission of Malaysia (SSM), Bursa Malaysia or the police regarding the alleged mismanagement or the appointment of Chong Khing Chung as director.

The witness also accepted that there was no forensic audit report or regulatory finding supporting his claim that the company was run as a “one-man show”, but disagreed that his allegations were merely personal assumptions.

The court was told that the 2015 acquisition of WRSB by Bahvest was carried out with board and shareholder approvals, and involved due diligence conducted by professional advisers, investment bankers and external solicitors.

Proceedings were adjourned at 1pm and will resume tomorrow.