KUALA LUMPUR, July 3 – The High Court today ruled that Umno had a locus standi to sue Parti Keadilan Rakyat vice-president Chua Tian Chang and two others for defamation over an article related to the February intrusion incident in Lahad Datu by terrorists from the southern Philippines.
Judge Rosilah Yop made the ruling in chambers after meeting UMNO’s counsel Datuk Mohd Hafarizam Harun and Raihana Ariffin, while there was no representative from the defendants’ side.
Mohd Hafarizam told reporters the judge held that Umno had the locus standi under Section 9(c) of the Societies Act 1966 to initiate legal action using the name of the party’s public officer.
He said this decision fortified case laws that political parties could file a defamation suit.
The judge made the ruling after dismissing UMNO’s application to strike out parts of the statement of defence by Tian Chua and two others.
In dismissing the application, the judge held that the defendants had raised reasonable defence and ordered the suit to go for the full trial and set Jan 13 and 15 to hear the suit.
“The court held that there were basis for the defendants to put up their defence on justification, qualified privilege and fair comment,” he said.
On March 15, UMNO executive secretary Datuk Ab Rauf Yusoh filed the suit against Chua Tian Chang known as Tian Chua, KeadilanDaily.com editor Fazallah Pit and the writer of the article, Aisha Geoffrey.
In his statement of claim, Ab Rauf alleged that Tian Chua had made disparaging remarks during an interview for the article “Insiden tembakan di Lahad Datu konspirasi terancang Umno” (“Lahad Datu Shooting A Planned ConspiracyBy Umno Government”) dated March 1 which was posted on KeadilanDaily.
He is seeking general, aggravated and exemplary damages, as well as a written apology from the defendants to be published in all newspapers, and other relief deemed fit by the court.
Tian Chua in his defence statement denied making statements which defamed Umno on the Lahad Datu intrusion.
He claimed that the statement was fair comment and made on an occasion of qualified privilege as a member of parliament and in the public interest.
– BERNAMA
