PUTRAJAYA: Former PKR vice-president Datuk Zuraida Kamaruddin has been ordered to pay only RM100,000 of the original RM10 million imposed on her by the Kuala Lumpur High Court for breaching a bond binding her to the party.
A three-member Court of Appeal panel led by Datuk See Mee Chun made the unanimous decision to uphold the Kuala Lumpur High Court's ruling that she had breached the bond but overturned the quantum of RM10 million.
See, who sat with Datuk Azman Abdullah and Datuk Ahmad Kamal Md Shahid, had ruled that the RM10 million was not a reasonable amount of compensation.
"We agree with the findings of the High Court that there is a breach of the bond. (However) our finding is that RM10 million is not a reasonable compensation.
"It cannot be construed as reasonable compensation. It is unreasonable and extravagant.
"But it does not absolve the appellant (Zuraida) from any liability. The fact remains that she had breached the bond. The party is entitled to some reasonable compensation but not RM10 million.
"We find the High Court judge may be wrong in allowing the respondent RM10 million. But we cannot ignore the breach of the bond by the appellant. We vary it to RM100,000," she said when delivering the judgement.
The panel also ordered PKR to pay RM40,000 to Zuraida for costs of the appeal.
In proceedings today, Zuraida was represented by lawyer Tan Sri Azhar Azizan Harun while Navpreet Singh acted for PKR secretary-general Datuk Seri Saifuddin Nasution Ismail.
The suit was filed by Saifuddin on behalf of the party via Messrs William Leong & Co on Sept 28,2022.
In June last year, judge Datuk Akhtar Tahir allowed PKR's suit against Zuraida, ordering her to pay RM10 million as well as RM50,000 in costs to PKR.
Dissatisfied, Zuraida filed an appeal on the entire decision at the CoA.
Akhtar, in his judgment, said Zuraida herself had acknowledged that PKR had spent an amount exceeding RM10 million on her candidacy during the election.
He said this meant that it was a clear admission on the part of Zuraida that she cannot retract an she had signed the bond with full knowledge of the contents and it was aimed to deter the party's candidates from acting against its interest before or after an election.
Zuraida, in her defence, claimed that she was forced to sign the bond with the party to become its candidate in the 14th General Election in 2018, without being given genuine choice.
She said she received the document from the party's leadership a day before nomination day and did not have ample time to read the entire content, describing it as unilaterally prepared and all candidates were compelled to sign it.
She claimed she was told to pen her signature on the document to enable her to contest under PKR and she did not have the opportunity to read the content.
Saifuddin, who testified as a witness, said Zuraida had signed the party bond without any force or pressure.
In the statement of claim, Saifuddin said Zuraida had executed a bond that bound her to pay the party the sum in accordance with the set terms and conditions.
The terms include, among others, that Zuraida agrees to pay the party a sum of RM10 million not later than seven days upon winning the election on the PKR ticket and then resigning from the party or joining any other political party or becoming an independent elected representative.
Saifuddin claimed that on Feb 24,2020, Zuraida had announced her resignation from the party through a statement with 10 other PKR members of parliament (MPs) without stepping down from her elected post of Ampang MP.