Sunday, October 16, 2016

Maria and BERSIH should not have sued for defamation? Unjust tool?Anti-Human Rights?

Defamation suits today are a tool that rich and powerful corporations and individual persons are now using more and more to silence critics and those with a different opinion. In Malaysia, corporations have used it against ordinary people and human rights defenders.

All that Maria Chin and BERSIH had to do, was to come out and tell us that what Jamal Yunos said was FALSE - This is enough. Now, it will be up to the people to JUDGE - to decide on who is telling the truth and who is not. 

If Maria or BERSIH wanted to go further - challenge this Jamal to prove his assertions... or even challenge him to an open debate? But really, why waste time and effort with this Jamal or his 'red shirts' - He is but a minor UMNO leader - which even UMNO leaders have come out saying that he does not represent UMNO...

Defamation suit - well, to commence and maintain it is an EXPENSIVE affair - and, as seen many just do not have the capacity - so, they will 'settle'...When one 'settles' - it may not be because one was WRONG but rather because one simply cannot afford to fight on in court. Well, if you lose, courts in Malaysia is ordering parties to pay absurd amounts in cost - RM50,000 or even more at times? [Remember, our Minimum wage is RM1,000-00 - so that is 4 years plus of minimum wages?]

Are the judges in Malaysia 'independent' - some are but others may not be, so decisions of even the Malaysian courts may be 'flawed'. How many cases do we know that we are not happy with the final outcome of the court? Anwar's case? ...

In most defamation case, orders are sought to immediately 'GAG' the party being sued - what about freedom of expression, freedom of opinion,... Not right to GAG anyone, especially before even the case is heard and decided upon... but that is the nature of defamation suits... Get an immediate 'GAG' order and delay the trial/hearing as long as you can - that is what the 'Guilty' may do...

Police Reports - well you have the right to make a police report if you suspect that there may be a wrongdoing - that is your right. Likewise, all complaints to relevant authorities...and then the relevant authorities will be moved to look into these complaints and investigate...You cannot sue a person for defamation, because he made a police report or lodged a complaint...If you can, then nobody will highlight suspected wrongdoings and violation of rights. Remember, the one who lodges a police report or a complaint do not have to first amass and collect all evidence to prove the alleged wrongdoings ...  

Really, Human Rights Defenders like Maria Chin should not have filed a DEFAMATION SUIT - or follow the antics of some of our Malaysian politicians. Filing a defamation suit does not mean proof that you are INNOCENT..or what they said about you is false...Swearing also is the same. Such 'political gimmicks' should not be used by BERSIH, Human Rights Defenders and justice-loving persons.

See earlier related posts:- 

Nurul,Najib,... if you are for Freedom of Expression, Freedom of Opinion, HR Defenders, Press Freedom... - Withdraw Defamation Suits?

Kit Siang and DAP must re-consider court action if they are for Freedom of Expression/Opinion?

Friday, 7 October 2016 | MYT 12:00 PM

Maria Chin sues Jamal Yunos for defamation

KUALA LUMPUR: Bersih 2.0 chairman Maria Chin Abdullah (pic) is suing politician Datuk Seri Jamal Md Yunos for allegedly implying that the Coalition for Clean and Fair Elections is an agent of the Islamic State (IS) militant group.  

On Sept 28, Maria claimed that Jamal falsely uttered slanderous words against Bersih during a press conference at the Putra World Trade Centre (PWTC) compound.  

She said Jamal, who is also the president of Malay NGOs coalition and the Sungai Besar Umno division chief, had on Oct 4 uttered similar slanderous words against Bersih during a media conference at the Bukit Aman police headquarters.  

She said the statements were published by print media and various online news portals.  

Speaking to reporters here after the filing of the suit at the High Court civil registry Friday, her lead counsel N. Surendran claimed the words uttered by Jamal allegedly defamed Maria as she is Bersih chairman. 

"By accusing Bersih of such serious allegations, it is defamation of her.   

"We will question him (Jamal) and expose all these allegations against our client as being utter lies," said Surendran, who was accompanied by his co-counsel Melissa Sasidaran at the court complex here.  

In the statement of claim, Maria said she had been brought to public scandal, resulting in her reputation and good name to be tarnished by the defendant. 

Among others, Maria said the words meant that she abetted the terrorist group, was a criminal, and legal action should be taken against her.  

Maria said she had also sent a letter of demand through her solicitor on Oct 4 to Jamal asking for a retraction and an apology over the slanderous words.  

However, she said, it was reported by the media that Jamal had torn the letter of demand and flushed it down a toilet bowl at the Umno building in Shah Alam the next day.  

She is seeking general damages and aggravated damages, as well as an injunction to stop Jamal from uttering or publishing similar words, either verbally, in print media, or through the Internet. - Star, 7/10/2016


Hakimi Abdul Jabar said...

If I were still in active legal practice, I'll advise Maria Chin Abdullah to lodge a police report pursuant to ss. 499 & 500 of yhe Penal Code for criminal defamation.

Paul Tee Kit Hen said...

Oh well...another show is on...