Friday, May 4, 2012

Astro denies wrongdoing amid Lippo’s allegations

The pay-TV operator claims the allegations are a ploy by Lippo Group to avoid paying some US$300 million (RM906 million) in damages owed to Astro
Kuala Lumpur: Astro All Asia Networks Ltd has denied any wrongdoing amid forgery allegations raised by Indonesia’s Lippo Group against its executive deputy chairman Ralph Marshall.

The pay-TV operator claims the allegations are a ploy by Lippo Group to avoid paying some US$300 million (RM906 million) in damages owed to Astro from an international arbitration award over their failed business venture.

“Astro categorically denies any wrongdoing on its part and on the part of Marshall, and will take all steps necessary to challenge these defamatory allegations against Marshall, including seeking relief available in international law.

“Astro remains confident that these allegations will be proved to be unsubstantiated and without basis, as had been on previous occasions,” it said in a press statement.

According to recent media reports, Indonesian police have issued an arrest warrant for Marshall – the right hand man of tycoon T. Ananda Krishnan – and are also attempting to seek a red
notice alert from Interpol.

The Interpol alert would put Marshall on the wanted list of all member countries.

Astro, however, said that so far, neither Marshall nor his counsel in Indonesia have any knowledge or details of the supposed arrest warrant, apart from what has been reported in
the media.

It also claims that none of the Indonesian authorities referred to in the press so far have approached Astro or Marshall to assist in any investigation.

Astro’s lawyers have rejected the forgery allegations, labeling them as “misleading”.

“What is happening here is very clear. Astro and Lippo had a commercial dispute and decided to resolve it through international arbitration.

Lippo lost the case and was ordered to pay up to US$300 million in damages to Astro, and it is trying to avoid doing so by filing criminal charges against Marshall.

“Their calculation is that if they can exploit the criminal law to cause confusion and fear, they can avoid paying the damages,” Astro’s lawyer Hafzan Taher said in the statement.

Back in 2005, Astro and Lippo Group had formed a joint venture to set up a pay TV business in Indonesia, under PT Direct Vision (PTDV).

The venture failed, said to be over shareholding matters and disagreements on how to manage the business.

A few years later, Astro commenced arbitration proceedings against Lippo Group under the Singapore International Arbitration Centre Rules to recover around US$560 million (RM1.7 Billion) which it had incurred to establish the business for PTDV.

In February 2010, a tribunal comprising internationally-renowned arbitrators unanimously ruled in favour of Astro and awarded it US$300 million in damages, interest and costs. The Lippo Group has yet to pay up.

Astro said that earlier in 2008, police reports were filed by certain individuals linked to the Lippo Group, alleging criminal misconduct against some senior Astro executives, including Marshall and PTDV employees.

By Adeline Paul Raj, btimes.com.my

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