IN THE HIGH COURT OF MALAYA AT KUALA LUMPUR

(CIVIL DIVISION) CIVIL SUIT NO. S2 - 23 - 38 - 2006

BETWEEN

1.         SARAWAK SHELL BHD (71978-W)

2.         SHELL MALAYSIA TRADING SENDIRIAN BERHAD (6078-M)

3.         SHELL REFINING COMPANY (FEDERATION OF MALAYA) BHD (3926-U)

4.         SHELL TIMUR SDN BHD (113304-H)

5.         SHELL EXPLORATION AND PRODUCTION MALAYSIA B.V. (993963-V)

6.         SHELL OIL AND GAS (MALAYSIA) LLC (993830-X)

7.         SHELL SABAH SELATAN SDN BHD (228504-T)

8.         SABAH SHELL PETROLEUM COMPANY LTD (993229-W)                            ... PLAINTIFFS

AND

HUONG YIU TUONG                                                                                                               ... DEFENDANT

AFFIDAVIT

I, THAVAKUMAR KANDIAH PILLAI (NRIC NO. 8299631), care of Bangunan Shell Malaysia, Changkat Semantan, 50490 Kuala Lumpur, a Malaysian citizen of full age, do solemnly and sincerely affirm and say as follows:

1. I am the Legal Manager of the Plaintiffs and I am authorised to make this affidavit on behalf of the Plaintiffs.

2. I make this affidavit from personal knowledge and from documents I have seen.

3. I make this affidavit in support of the Plaintiffs' application under Order 38 Rule 2 of the Rules of the High Court for leave to cross-examine Alfred Ernest Donovan as a precondition to his affidavit of 19.5.06 being used in the hearing of the Plaintiffs application to cite the Defendant for contempt.

4. This affidavit supplements my previous affidavit of 5.4.06 in support of the Plaintiffs' Application for interim injunctive relief.

5. The grounds of this application are these:

6. Between April and May 2004, the Defendant circulated various emails which were defamatory of the Plaintiffs. The Plaintiffs commenced proceedings against the Defendant for them in Kuala Lumpur High Court Civil Suit Mo. 52-23-41- 2004 (the first action).

7. On 24.6.04  the High Court made an Order in the first action against the Defendant, in this action, on inter alia the following terms:

            "The Defendant, by himself, his servants or agents or otherwise howsoever, be restrained from publishing or causing lo be published on the internet website "Shell Whistleblower No. 2" any statements, articles, correspondence and any other publications whatsoever, concerning the Plaintiffs' and/or "Shell Management" and/or the Plaintiffs' Management Officers and/or the Plaintiffs' servants or agents alleging that they or each or them are liars, cheats, dishonest, corrupted and practised deception and conspiracy, criminal conduct and were generally evil, and/or statements to similar effect, pending the trial of this action or further order.

           The Defendant, by himself his servants or agents or otherwise howsoever, be restrained from publishing or causing to be published any article, material correspondence, circulars in any form whatsoever containing allegations that the Plaintiffs and/or "Shell Malaysia" and/or the Plaintiffs' servants or agents are liars, cheats, dishonest, corrupted and practised deception and conspiracy, criminal conduct and were generally evil, and/or statements to similar effect, pending the trial of this action or further order".

8. The   Plaintiffs' contend that the Defendant has disobeyed the Order by publishing or causing to be published further defamatory statements. Contempt proceedings have been commenced against him for this.

9. Without prejudice to the Plaintiffs rights in the first action, the Defendant made further defamatory publications against the Plaintiffs. These are the subject matter of the present action.

10. The Plaintiffs applied herein for interim injunctive relief.  The grounds are set out in detail in my previous affidavit.

    Subsequent conduct

11. After this application was filed and before it was heard, the Defendant made further defamatory publications of and concerning the Plaintiffs.  All were published on the Shellnews.net which Donovan owns and controls.

12. Donovan thereafter made 4 postings on his Shellnews.net website on the Notice to Show Cause served by the Plaintiffs on the Defendant in the first action. The publication of these comments themselves constitutes contempt of court as they comment on the merits of the contempt proceedings against the Defendant.

13. In particular, the postings include an allegation that a Malaysian judge, when hearing a matter commenced by a 'Shell' company, ruled in Shell's favour because of inducement by Shell. The juxtaposition of these otherwise irrelevant remarks into the comments on the Notice to Show Cause in this action, amounts to an assertion that the Malaysian courts have ruled against the Defendant because they have been influenced by the Plaintiffs.

14. Donovan expressly states that more postings will be made. These too will be as the Defendant's servant and /or agent.  Copies of these 4 postings are annexed hereto and marked as Exhibit "TK-5".

15. These form the basis of contempt proceedings in the first action. They however show Donovan's involvement.

16. The Plaintiffs contend that, from the above, the Defendant has published and has manifested a clear intention of continuing to publish defamatory statements.  In this he is aided and abetted by Donovan. Donovan admits as much.

17. The Defendant filed 2 affidavits to oppose the Plaintiffs' application for interim injunctive relief. The first was by the Defendant, and the second by Donovan.

    Donovan's affidavit of 19.5.06

18. Donovan's stated position is that all the publications that form the subject of this matter were by him and/or in conjunction with his son.  He contends that they were done independently, and not in any way on behalf of the Defendant.

19. The Plaintiffs deny this conclusion. Their position is that the postings were done at the behest of the Defendant and therefore on his behalf. Even if they were not, they were published by Donovan with the Defendant's knowledge that such publication was certain. The Defendant is therefore responsible for the publications.

20. The Plaintiffs do not believe the bare assertions made by Donovan in his affidavit. In addition, the Plaintiffs contend that the effect of Donovan's affidavit is that he admits, aiding and abetting the Defendant in breaching the Injunction Order in the first action. At the very least, Donovan impeded or interfered with the administration of justice by ensuring that the Defendant breaches that Injunction Order.

21. Donovan continues to impede or interfere with the administration of justice. He has published his own latest affidavit on his website at http://shellnews.net/2006affidavit/shellnewsnetaedaffidavitmay2006.htm. A copy of this posting is annexed hereto and marked as Exhibit "TK-6".

22. Donovan is outwardly contemptuous of this Honourable Court. His latest posting contains a hyperlink entitled:

      Click here to ACCESS THE DR HUONG ARTICLES PROHIBITED BY THE HIGH COURT OF MALAYA ORDER (English) (Do not access the Dr Huong articles immediately above if you are located within the legal jurisdiction of the High Court of Malay)

23. If Donovan accepts sole responsibility for the publications, he should submit to Malaysian jurisdiction and submit to cross-examination. The Plaintiffs therefore would like to cross-examine Donovan as a precondition to his affidavit being used. This Honourable Court can then satisfy itself as to whether the statements made by Donovan are in fact true.

24. The Plaintiffs therefore pray for leave to cross-examine Donovan as a precondition to his affidavit being used.

To an Affidavit by the deponent named          )

THAVAKUMAR KANDIAH PILLAI )

affirmed on this      day of June, 2006              )

at Kuala Lumpur 21 June 2006                         )

                                                      Before Me

                                                      COMMISSIONER FOR OATHS

This Affidavit is filed by Messrs T H Liew & Partners, solicitors for the Plaintiffs abovenamed and whose address for service is at 4-02, 4th Floor, Straits Trading Building, 2, Lebuh Pasar Besar, 50050 Kuala Lumpur.

Tel  :   03 2612 9000

Fax  :   03 2612 9001

Ref  :   LTH/SARAWAKSHELL/00599-06

LEGAL DOCUMENT ENDS