KUALA LUMPUR: The Armed Forces Fund Board (LTAT) had no problem paying retired soldiers gratuity, the High Court was told today.
Its deputy chief executive Datuk Zakaria Sharif asserted that there was no delay in the gratuity payment to the military contributors as alleged by Pandan MP Mohd Rafizi Ramli in statements published on his blog and Facebook page.
"The plaintiff (LTAT) did not have any financial problems to pay for the pensioners' retirement. In fact, the plaintiff's financial standing is strong. I therefore find that the accusation made by the defendant is untrue and defamatory," the witness said.
He was testifying in the trial of a suit filed by LTAT against Rafizi over allegations that the pension fund withheld gratuity payments from its members.
Zakaria also testified that the gratuity payment by the plaintiff to retired soldiers has no relation to the contract between LTAT and 1Malaysia Development Bhd (1MDB).
"The plaintiff's position or its contract with 1MDB is not the cause of the delay as claimed by the defendant (Rafizi).
"The defendant's statement trying to link the plaintiff with 1MDB was made with malicious intent," he said.
Zakaria had also in his testimony said he lodged a report against Rafizi as the latter was continously making statements that there was a delay in the gratuity payment to the contributors which the defendant claimed was caused by 1MDB's problem on LTAT.
He said Rafizi's statements had affected the trust of the soldiers and pensioners on LTAT adding that he believed that Rafizi's statements linking 1MDB with the gratuity payment were politically motivated and has no basis.
"The defendant had repeated the statements on his Facebook page on March 28, 2016 entitled “Laporan ketua audit negara ke atas 1MDB mengesahkan kesan masalah kewangan 1MDB ke atas LTAT” (Auditor-General’s report on 1MDB confirms effects of 1MDB financial problem on LTAT)," the witness said.
Trial continues before judge Datuk Ahmad Zaidi Ibrahim on April 27.
On Aug 12, 2016, LTAT filed the suit claiming that Rafizi, 41, had posted a statement entitled “Bayaran gratuiti pesara angkatan tentera lewat; LTAT perlu dedahkan risiko kewangan akibat 1MDB” (Late Gratuity Payment To Retired Soldiers: LTAT Should Disclose Financial Risk Due to 1MDB) on his blog and Facebook page on March 21, the same year.
It said a statement by Rafizi was also posted on Malaysiakini website on March 24, 2016 with the title ‘Rafizi: I have document showing LTAT’s link to 1MDB’.
It also claimed that on March 28, 2016, Rafizi had again posted a statement on his Facebook with the title “Laporan ketua audit negara ke atas 1MDB mengesahkan kesan masalah kewangan 1MDB ke atas LTAT” (Auditor-General’s report on 1MDB confirms effects of 1MDB financial problem on LTAT).
In the statement of claim, LTAT stated that the statements made by Rafizi had indirectly, or by innuendo, accused the fund board as not protecting the interest and welfare of retired soldiers, and do not have the fund to do so.
LTAT also claimed that the statements by Rafizi were intended to tarnish the good image, moral and reputation of the fund board.
It is seeking general and exemplary damages, as well as an injunction to prevent the defendant, his officers, agents or workers from further publishing any defamatory statements against the fund board.