Attempts to contact company failed, court told

KUALA LUMPUR: A journalist confirmed that several attempts were made to contact a businessman, who has been awarded a flower landscape contract without a tender by the Kuala Lumpur City Hall (DBKL), for response.
theSun's former journalist in the Special Reports and Investigations unit, Llew-Ann Phang, told the High Court today that she had attempted to contact Brightmark Sdn Bhd and/or its director, Datuk Abd Halim Ali, for response on a report published on Nov 12, 2009.
However, she told Judicial Commissioner Datuk Kamaludin Md Said that they could not be reached at the appointed time.
She said was asked by theSun's former deputy editor (special reports and investigations) Terence Fernandez to contact Brightmark or Abd Halim to get their reactions to the revocation of the flower and landscape contract.
Fernandez reported in November 2009 that then mayor Tan Sri Ahmad Fuad Ismail had "revoked" the RM32.4 million flower contract, which he had described as "extravagant", due to budget constraints.
Abd Halim and Brightmark are suing the Sun Media Corporation Sdn Bhd and Fernandez for defamation over articles regarding the contract, which were published in November 2009.
The articles were a news report entitled "RM32m deal nipped"; "KL Mayor cancels RM32mil flower contract" and "MACC should follow the stink", which appeared in his column.
Brightmark is seeking RM10 million in damages and an additional RM1 million in exemplary damages, while Abd Halim is seeking RM5 million in damages and RM500,000 in exemplary damages.
On Jan 16, Abd Halim had admitted to the High Court that he obtained the contract from DBKL in 2006 without a tender and had lobbied former prime minister Tun Abdullah Ahmad Badawi to extend the contract beyond from February 2006 to February 2009.
Ahmad Fuad had on March 28 confirmed that Abd Halim had continued to lobby for the renewal of the flower contract with DBKL after the expiry and being informed of DBKL's budget constraints.
On March 31, Fernandez had refuted an allegation that he had malicious intentions against Abd Halim and that his articles were critical of DBKL practices.
R. Himahlini appeared for the defence while the plaintiffs are represented by Kamarul Hisham Kamaruddin and Datuk Yusof Zainal Abiden, the former solicitor-general II.
Kamaludin asked both parties to make further submissions by Aug 8.