Friday 29 Mar 2024
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(May 18): The Shah Alam High Court today threw out a defamation suit by Perkasa president Datuk Ibrahim Ali against theSun and two of the English daily’s former editors.

Judicial commissioner Gunalan Muniandy said the article was not about Ibrahim but the Malay rights group which the latter heads.

Ibrahim had brought the RM5 million suit against theSun, former managing editor Chong Cheng Hai and ex-deputy editor, special reports and investigations Terence Fernandez for an article on the Sultan of Selangor’s refusal to launch Perkasa’s first general assembly.

The article titled “Sultan keeps Perkasa guessing” was written by Fernandez and appeared on the cover of the paper’s March 17, 2010 edition.

Fernandez had said the Sultan of Selangor had withdrawn his consent to launch the assembly as the ruler was concerned with the organisation’s image as a chauvinist party.

Justice Gunalan said apart from the fact that Fernandez had focused on Perkasa, he had also contacted Ibrahim for comments which the former Pasir Mas MP had refused to respond.

The judge also ruled that the article was justified and protected by qualified privilege.

During trial, the Sultan of Selangor’s senior private secretary Datuk Munir Bani testified for the plaintiff, reading a statement issued by the sultan in 2010, explaining the sultan’s reservations in launching Perkasa’s first general assembly which included that it had political flavour.

In the statement, the ruler also advised the organisation to take note of the feelings of others when championing its cause.

Ibrahim was represented by Harmy Yusoff, while Datuk Nitin Nadkarni, Himahlini Ramalingam and G.Meerasree appeared for the defendants.

Met outside court, Ibrahim said he would be appealing the case.

“We will appeal the case because definitely we are not satisfied.

“To us, the Tuanku, through the private secretary never said those words. It is just said by theSun. The court believed what theSun wrote although it was not said by Tuanku.

“And theSun did not quote the right source as well. So we want to go to the Court of Appeal to get our justice, there will be three judges in the Appeal’s Court and not one judge will decide.”

For Fernandez, who is currently the investigations editor at The Edge, it was his third and final defamation suit at theSun. He had won two previous suits brought by two businessmen.

“Legal suits seem to be the new weapon of choice for those trying to silence the press. I am relieved that justice has prevailed three times over for me.

“But if anything, these suits are a reminder that one must write fairly, accurately and without malice. This is the only way to have the law on your side.” – The Malaysian Insider

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