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Far 5 CC2
Far 5 CC2
Far 5 CC2
Group D
Comprehensive Case 2:
Sime Darby Berhad (2010)
Prepared For:
Dr. Nor Asma Bt. Lode
Prepared By:
Date of Submission:
14th December 2017
BKAR3053 Financial Accounting and Reporting V
Table of Content
core sectors: plantations, property, industrial, motors and logistics. Sime Darby Berhad is a
global trading and logistics player and partners with some of the world’s best brands to deliver
quality products and services to its customers. Its core businesses operate in and serve as well as
the healthcare, insurance and retail segments. Sime Darby is listed on the Main Board of Bursa
Malaysia Securities Berhad. It has vested interests and close relationships with the Malaysian
government and assisted them by buying the management of the Sarawak Land Development
Board (SLDB) which made loss in 1987. Sime Darby turned the financial situation and sold it to
In January 2007, the "three Malaysian giants": Sime Darby, Guthrie and Golden Hope
merged into the vehicle entity named Synergy Drive and on 27 November 2007, Synergy Drive
was renamed Sime Darby Berhad. Therefore, the modern Sime Darby Berhad corporation was
created.
Sime, Darby and Co. was established by two British businessmen William Sime and
Henry Darby in October 1910, a fledgling player in the lucrative rubber industry. The company
later diversified to cultivating palm oil and cocoa and met with enormous success. In 1977, Sime
Darby Holdings was acquired by Malaysian investors which mainly through Tradewinds
(Malaysia) Sendirian Berhad. In December 1979, Sime Darby moved its headquarters to Kuala
Lumpur and became a Malaysian registered and managed concern with the incorporation of two
new Malaysian entities, Sime Darby Berhad (SDB) and Consolidated Plantations Berhad (CPB).
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Guthrie
Guthrie was the first British trading company in South East Asia which was founded by
Alexander Guthrie in Singapore in 1821. In 1896 and 1924, Guthrie introduced rubber and oil
palm in Malaysia. However, in 1987, Guthrie Group was made a public company and was
subsequently listed on the Kuala Lumpur Stock Exchange (KLSE) in 1989 in what was then the
Golden Hope
Golden Hope Rubber Estate is formed in 1905 by Harrisons and Crosfield, a British tea
and coffee trading company, by which the company purchased several small estates in Malaysia
for £50,000 and amalgamated them. In 1982, Harrisons and Crosfield sold three large plantation
groups which are Golden Hope, Pataling, and London Asiatic to Malaysian concerns for £146
million. In 1990, the business was renamed Golden Hope Plantations Berhad after Pemodalan
Nasional Berhad (PNB, the national capitalization agency) took majority equity of the company.
The company has diversified into other areas including glycerine manufacture, fruit juices and
real estate as plantations have remained a core business interest. The group now has 83
subsidiaries based in seven countries. The main estate and plantations are Carey Island and
Banting in Selangor.
Sime Darby had a land bank of 850,000 hectares in 2011. The largest stakeholder was the
Employees Provident Fund and the government-run PNB. CEO of the firm was Datuk Mohd
Bakke Saleh, who was also the CEO of Bank Islam, another government-linked company, in
2010.
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Sime Darby Berhad (2010) is the company that we choose as the topic of our
comprehensive case study 2. In the year 2010, there is the main issue which is the major
corporate accounting scandal occurred in the world leading listed plantation company, Sime
Darby Berhad. Sime Darby falls under the aspect of financial fiasco.
Sime Darby Berhad had become a center of controversy for the public in May 2010 due
to a project cost overrun scandal involving malpractices. The company suffered massive cost
overruns to the tune of RM2.1 billion, then the market was shocked as Sime Darby Berhad has
been a huge multinational conglomerate involved in five main sectors with a total annual
turnover of about RM33 billion. It has seriously affected the confidence of investors in the stock
market and supervision of the authorities. In addition, Sime Darby Berhad also announced that
Sime Darby Berhad announced that its earnings may be cut by up to RM964 million due
to losses in its Energy & Utilities Division, from cost overruns in four projects. The cost
overruns in four projects including the Bakun Hydroelectric dam project, the Qatar Petroleum
project, the Maersk Oil Qatar project and the Marine Project which involved the construction
of marine vessels. Of the RM964 million, RM200 million was due to a reversal of revenue
recognized in the 2009 Sime Darby’s financial statements for the Qatar Petroleum project which
had already incurred losses exceeding RM500 million, RM159 million was due to the Maersk
Oil Qatar project which had already recorded a loss of RM367 million in the first half of the
fiscal year, RM450 million was due to the Bakun Hydroelectric dam project, and RM155 million
was due to losses from the construction of some vessels in the Marine Project.
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contract to construct the Bakun Hydroelectric dam in September 2002. The purpose of the
project is for the construction of an undersea high voltage direct current (HVDC) cable was also
initiated for the dam to relay power to Peninsular Malaysia. Although the project was scheduled
for completion in the third quarter of 2007, delays in the impoundment, as well as changes to the
plans and disagreements over the cost of the dam, caused a significant setback to the date of
completion.
Petroleum AS for its Bulhanine Project towards the end of 2005. It was the first time that Sime
Engineering had attempted to undertake a project of such scale and magnitude. The project
required substantial Transportation and Installation (T&I) work, which Sime Engineering neither
had the expertise nor the resources to handle the project. Hence, the company decided to invite
tenders from T&I subcontractors. However, only one T&I subcontractor offered to carry out the
full scope of work for the T&I project and the contractor was rejected by Qatar Petroleum due to
political implications. Qatar Petroleum gave Sime Engineering time to source for new
subcontractors and issued the letter of acceptance to Sime Engineering for the project in April
2006.
A month later, Sime Engineering submitted a bid for another EPCIC project,
commissioned by Maersk Oil Qatar AS and Qatar Petroleum. The similarity to the EPCIC
works that they had just signed with Qatar Petroleum, Sime Engineering had very little know-
how or the resources to deal with the colossal Maersk Oil Qatar project. Nonetheless, Maersk Oil
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Qatar awarded the project to Sime Engineering in February 2007, with completion scheduled for
October 2009.
The first keystone in the plan was for Sime Marine, a subsidiary of Sime Energy &
Utilities, to construct or acquire several vessels to allow for T&I capabilities within the division.
Management proposed building the vessels as that would entail 27.5 percent lower cost
compared to buying the vessels at market price. On the flip side, the time taken to build the
vessels would span a number of years while the immediate purchase of the vessels would enable
Sime Marine to provide Sime Engineering with the T&I capabilities required for the Maersk Oil
Qatar Project.
Overall, the Malaysian Anti-Corruption Commission (MACC) has identified Sime Darby
and abuse of power; because it is not only involved a lot of money but also the interests of the
people.
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There are few main players involved in the corporate accounting scandal in the world
largest listed plantation company based in Malaysia, Sime Darby Berhad. These players have
directly involved in projects cost overruns scandal and forced the Sime Darby Berhad into a
financial fiasco.
The management team of Sime Darby Berhad, led by Datuk Seri Ahmad Zubir
Murshid who formerly held the position of Chief Executive Officer of the company involved in
the cost overruns in four projects. In December 2010, the group filed a civil suit against its
former CEO and four executives in relation to the cost overruns, seeking damages and relief
totaling at least RM340 million over three loss-making projects. The projects were the Qatar
Petroleum project, the Maersk Oil Qatar project and the Project Marine, which involved the
construction of marine vessels. The four executives in the civil suit were Datuk Mohamad
Shukri Baharom (former executive vice-president of the group's Energy & Utilities division),
Abdul Rahim Ismail (former chief financial officer of the group’s Energy & Utilities division),
Abdul Kadir Alias (former head of the oil & gas business unit of the Energy & Utilities
division), and Mohd Zaki bin Othman (former senior general manager of Sime Darby
Engineering).
In addition, Sime Darby also filed another civil suit against Datuk Seri Ahmad Zubir
Murshid, and two other executives, for damages of at least RM92.2million for breach of trust
and fiduciary duty in the Bakun Hydroelectric Dam project in Sarawak. The other two
defendants are the former head of the group's Energy & Utilities division, Datuk Mohamad
Shukri Baharom and former Energy & Utilities division chief financial officer, Abdul Rahim
Ismail.
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On the other hand, in response to the civil suit filed by Sime Darby Berhad, Datuk Seri
Ahmad Zubir Murshid served third-party notices to 22 other directors on the ground because
they had breached their duty as directors to exercise due skill, diligence, and care and that the
other directors should be held responsible as they were the highest and ultimate in decision
making authority. The 22 directors including Tun Musa Hitam, Tun Ahmad Sarji Abdul
Hamid, Tan Sri Ahmad Tajuddin Ali and Datuk Seri Andrew Sheng. Zubir claimed
“selective prosecution” of the defendants for a collateral purpose and abuse of process, without
regard of the “collective responsibility” of the main board in Sime Darby's losses.
Above are the main players that involved directly in the corporate accounting scandals
and caused the Sime Darby Berhad suffered a huge loss in term of financial. Most of the players
are holding a high position in the company which has the high authority to make any decision.
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actually preparers’ desire, by taking advantage of existing rules and/or ignoring some or all
of them”. Naser (1993:2) one of the early researchers who defined the account manipulation was
Copeland (1968) that defined it as “some ability to increase or decrease reported net income
at will”. Stolowy and Breton (2000), argues it is a wider concept also including balance sheet
As forensic audit report that released after civil action taken by the company for the huge
losses and financial scandal, Tun Musa Hitam, chairman of Sime Darby, mentioned that unable
table such forensic audit report public due to the process of law to protect the interest of best
interest of the Group. [ CITATION Din10 \l 17417 ] Therefore, the financial information for Sime
We identify how the provision of losses amount been incurred for these four
i. Qatar Petroleum
This project worth RM 974 million which awarded in April 2006 has been completed and
handed on with losses exceeding RM 500 million. The revenue of RM 200 million which
previously recognized in Financial Year 2009 will reversal from the account in the year 2010.
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BKAR3053 Financial Accounting and Reporting V
This project worth RM 2.2 billion was completed in Feb 2010 which delayed periods of 5
months to complete. Total cost overruns and delay costs of this project incurred was RM 526
million. Since, RM 367 million already recognized in the interim financial year 2010, therefore,
RM 159 million still needs to recognize as the provision of losses in financial report year 2010.
iii. Marine
Total of provision losses amount been recognized was RM 155 million, which is the cost of two
tugboats, and a Derrick lay barge been used in MOQ. As vessels for Marine have not been
delivered, these vessels used to MOQ project and incurred repaired and upgraded cost after used.
Additional provision will be RM 450 million for this project and provision amount based on
cost-to-completion. Total cost overruns at RM 1.7 billion which almost same size as Sime
Darby’s actual Bakun contract of RM 1.8 billion. However, the government agreed to reimburse
around RM 700 million to Sime Darby and leaving the group with around RM 1 billion to deal
and Gas Segment of Energy & Utilities (E & U) division. Sime Darby’s Chief Financial
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Officer, Tang Poh Keow and external auditor, PricewaterhouseCoopers, required higher
provision for losses to reflect in accounts, but the management in Sime Darby refused and
explained that the losses could be recovered. Therefore, external auditor delayed signing off the
audited accounts of the division for the year 2008. However, there is total RM 964 million losses
as mentioned just now in the year 2010. In August 2009, after internal auditor issued second
report concerns about E & U division, new workgroup formed and asked the president, Datuk
Seri Ahmad Zubir Murshid to take a leave of absence. [ CITATION Mak12 \l 17417 ]
manipulation because forensic audit report that is not disclosed to the public by Sime Darby,
plus, an annual report that not much disclose for the accounting manipulation. Therefore, Sime
Darby’s financial scandal is more to the mismanagement of the board previously and lack of
accountability to the stakeholder. This because management makes a contract for the projects
that not beneficial to the company and not disclose the provision of losses to the public after
advice by a chief financial officer and external auditor in the year 2008.
The person or party that disclosed the scandal of Sime Darby Berhad
As we know Sime Darby Berhad had become a centre of controversy for public in May
2010 due to a project cost overrun scandal involving malpractices. Then As a mention before,
this project which is four projects including the Bakun Hydroelectric dam project, the Qatar
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Petroleum project, the Maersk Oil Qatar project and the Marine Project which involved the
construction of marine vessels already make Sime Darby Berhad incurred losses around
1500milion.
Due to that case there are few main players involved in the corporate accounting scandal
in the world largest listed plantation company based in Malaysia, Sime Darby Berhad. These
players were directly involved in projects cost overruns scandal and forced the Sime Darby
Berhad into financial fiasco. The situation began to unfold when Sime Darby’s internal auditor
issued a report on losses in the Oil and Gas Segment (O&G) of the E&U division, which was
then brought to the attention of the Audit Committee at the board level.
Next, they continue the investigation when internal auditor issued a second report that
voiced grave concerns about the E&U division, a work group was set up to review the operations
of the division. In May 2010, Sime Darby Berhad called a special board meeting to review the
After that, result of board meeting board decides to ask Datuk Seri Ahmad Zubir Murshid
to take a leave of absence. Then, Sime Darby Berhad called a news conference, two weeks
before the scheduled announcement of its second quarter results, to announce the losses and
After that announcement, Sime Darby Berhad makes a future investigation due to that
case. Then Sime Darby called in KPMG and Deloitte to conduct forensic audits in June 2010.
After settled the investigation, in November 2010 forensic audits revealed breaches of duties and
misconduct within the E&U division. In December 2010 it was announced that the Malaysian
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Anti-Corruption Commission had found several “elements of fraud” in Sime Darby and had
shared its findings with police and the Companies Commission for them to initiate action.
Refer to the part of main players of Sime Darby Berhad in this case the management team
of Sime Darby Berhad, led by Datuk Seri Ahmad Zubir Murshid who formerly holds the position
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of Chief Executive Officer and four executives of the company involved in the cost overruns in
four projects. First penalties that Datuk Seri Ahmad Zubir Murshid faces is when meeting board
decide to ask Datuk Seri Ahmad Zubir Murshid to take a leave of absence.
Next, due to criminal breach of trust (CBT) that made by Datuk Seri Ahmad Zubir
Murshid and four executives (Datuk Mohamad Shukri Baharom, Abdul Rahim Ismail, Abdul
Kadir Alias and Mohd Zaki bin Othman) Sime Darby Bhd has filed civil suits against them
seeking damages and reliefs totaling at least RM340mil over three loss-making energy projects
which is Qatar Petroleum project, the Maersk Oil Qatar project and the Project Marine.
The damages sought included US$30.81 million for consultancy fees wrongly paid in the
MOQ Project or around RM95.9mil, RM80.51million for consultancy fees wrongly paid in the
QP Project and US$48 (RM149.5mil) million from Datuk Seri Ahmad Zubir Murshid and Datuk
Mohamad Shukri Baharom for breach of trust and fiduciary duty in the Bakun Hydroelectric
Dam project in Sarawak and losses arising from the failure to deliver the three marine vessels.
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As what discussed previously, we know that Sime Darby’s financial scandal due to bad
corporate governance with terrible management and board oversight. The management
team in Sime Darby lack of accountability, because the denial of losses even though informed by
external auditors; lack of transparency, because of failure to disclose overrun costs; lack of
responsibility because of poor business decision making; lack of fiduciary, because there are
high possibility graft and abuse of power or position. Cause of those problems is lack of effective
and efficient of corporate governance. The suggestion to avoid such bad corporate governance is
especially for a company like Sime Darby which is Government Linked Companies (GLC).
MSGW is an investor advocate set up in the year 2000. Since, 2009, it produced the Malaysian
Corporate Governance Report (GCR), an annual ‘scorecard’ that assess the ranks the
corporate governance of all listed companies based on publicly available data. This is to
ensure a level of playing field for stakeholders who participate in companies to enjoy wealth
Besides the President and Group Chief Executive of Sime Darby, Datuk Ahmad Zubir
Murshid been requested to leave for his position, others management just receive civil suit. This
is because Board Sime Darby not discloses the provision of losses although advice from the
auditor and make a contract that lacks expertise and resource. My suggestion is keeping the
management team in check and let them hire another subcontractor to carry out the
project work effectively and finish it in the given time frame. [ CITATION Als10 \l 17417 ]
Cost overrun and delay in these 4 projects is extremely high. Therefore, we give
suggestion on how to avoid cost overrun for Sime Darby. First, Sime Darby should pay
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attention to project planning, think of all major scenarios and flesh out the complete scope of
the project. Secondly, check a vendor’s capabilities before hiring. Since, Sime Darby has
subcontract their project to outside vendors, therefore, find out vendor teams’ capabilities and
check if they match requirement and check how good they sticking to deadlines in their previous
project. Third, attempt to stay within the scope than originally planned. It needs high
monitoring and controlling from management in Sime Darby. Fourth, use good scheduling tools
and charts, for example, Gantt chart to reduce wrong cost estimations. Fifth, make sure
stakeholders in the project are on the same page. Effective communication help reduces
delays and making the schedule work better by communicating effectively. Last, constantly
track and measure the progress because there a most early signal for project delays and it give
opportunities to fix the issue before boil over. [ CITATION Bal12 \l 17417 ]
There is some party that suspects that the board of the group might corruption for vendor
subcontract. Therefore, there might agency problem in this Sime Darby scandal which
management team focuses their self-interest. To encourage manager act in shareholders’ interest,
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