Friday 26 Apr 2024
By
main news image

(May 11): The High Court has struck out a defamation suit filed by Perkasa chairman Datuk Ibrahim Ali against The Star Publications (M) Bhd and its columnist Datuk Seri Wong Chun Wai on grounds that the suit was not sustainable.

Judicial Commissioner Gunalan Muniandy said Ibrahim 's suit had also failed to establish a reasonable claim against Wong, who is also The Star CEO, and the newspaper.

The judge who made the ruling in his chambers, however, ordered no costs.

Wong and the daily had in December filed the application to strike out the suit, which was over Ibrahim's remark on burning Bahasa Malaysia Bibles containing the word "Allah".

In an immediate response to the High Court decision, Wong, in a statement today said he was glad that the case has been dismissed and would not go to trial.

"It is good for all parties that we can move on to more important matters. The court has ruled that the plaintiff has to bear the costs.

"In the spirit of forgiveness, we will not ask for costs.

Describing it as an unfortunate legal battle, Wong said more importantly to him was his belief that this decision would remind everyone calling Malaysia their home on the need to understand and respect each other's faiths.

"We must not do or say things that will upset others. After all, we are thankful to be living in a country where the first principle of our national creed, the Rukun Negara, is 'Kepercayaan Kepada Tuhan' (Belief in God).

"And as a Christian, I believe in the importance of love and forgiveness. So let us forgive one another and move forward.

"I hope Ibrahim Ali will accept the verdict and not appeal. Let us move on to more important matters." he said.

Meanwhile, lawyer Yee Mei Kin, who appeared for Wong and Star Publications (M) Sdn Bhd, told reporters that the article published on November 2, last year must be read as a whole and how a reasonable person understood it.

He said the judge, having read and analysed the words, was of the view that a reasonable reader would understand that the stink of the article was the writer's legitimate criticism and comment against the Attorney-General Chamber's decision not to prosecute Ibrahim for sedition.

He said the judge held that this was despite the fact that the A-G had prosecuted many reputable and renowned persons.

"The judge was of the view that the article did not carry any imputation of religious extremism," he added.

Yee said the court was of the opinion that Wong also relied on public views expressed by prominent persons, including a reputable retired judge and a former head of prosecution in the A-G's Chambers.

"Therefore, the plaintiff's (Ibrahim) claim for liable is misconceived," he said of the ruling read out by Gunalan.

The lawyer said, even assuming the words were defamatory, the judge was of the opinion the defence of justification, fair comment and qualified privilege by the defendant was bound to succeed.

Wong said the suit should be struck out as it was scandalous, frivolous, an abuse of the court process, and failed to disclose a reasonable cause of action.

Ibrahim who filed the court papers at the Kuala Lumpur High Court registry on December 26 last year, saying that the defamatory words in Wong’s article gave the impression he had uttered seditious statements and should be punished.

“The opinion piece paints me as religious extremist and belittling the Christian religion," Ibrahim said in his statement of claim, adding that the article gave the impression he issued a silly statement to attack and insult Christians.

He said the article in its ordinary and natural meaning sent the message that he was a source of racial and religious friction in Malaysia, and was seeking damages and other relief deemed fit by the court.

But the defendants denied the words were published falsely or maliciously, and said Ibrahim was not entitled to any damages at all.

In Wong’s affidavit to support the application, he said he believed the contents of the article “A mind-boggling spin” was true in substance, and not defamatory.

The defendants noted that Ibrahim had admitted he called for the burning of Bahasa Malaysia Bibles on January 19, 2013, and that his statement was reported by the media, and police reports were lodged against him over it.

They said the words in the article that Ibrahim complained about, was comment or expression of opinion over how the Attorney-General’s Chambers’ (AGC) decision not to charge him on his Bible-burning remarks was “mind-boggling.”

They said they had a legal, social and moral duty to publish the article in response to the AGC’s statement and purported justification for not taking action against Ibrahim.

The defendants said the words constituted fair or honest comment by Wong on a matter of public interest, and that the article was published on an occasion of qualified privilege.

They added that The Star on October 29 last year reported the response of various quarters, including political parties and church organisations, who were unhappy with the AGC’s decision.

Ibrahim made the "Bible-burning" remark in response to individuals who purportedly distributed Bahasa Malaysia Bibles containing the word "Allah" to students, including Malays, at SMK Jelutong in Penang.

In October, Attorney-General Tan Sri Abdul Gani Patail said Ibrahim would not be prosecuted as the latter was said to be only "defending the sanctity of Islam" and his statement must be viewed in its entire context.

Gani said the Perkasa chief had no intention to create religious disharmony when he called for the burning of Bahasa Malaysia Bibles.

Wong, who is also The Star's group managing director, in his article questioned why no charges were filed against Ibrahim over his remarks.

He said no one should have the suspicion or perception that the feelings of only one race matters in Malaysia. – The Malaysian Insider

      Print
      Text Size
      Share