Opposition MP Teresa Kok takes local publication to court for alleged defamatory material

Teresa Kok files suit against Utusan, columnist (updated)
By M. MAGESWARI
KUALA LUMPUR: Seputeh Member of Parliament (MP) Teresa Kok has filed an RM30mil defamation suit against Utusan Melayu Sdn Bhd, which publishes Malay daily Utusan Malaysia, and its columnist Datuk Chamil Wariya.
Her lawyer Sankara Nair filed the suit for Kok at the KL High Court civil registry here at 8.32am on Friday.
On Oct 12, Utusan published a cerpen or short story written by Chamil, the Malaysian Press Institute chief executive officer, titled Politik Baru YB Josephine, which Sankara claimed referred either directly or by innuendo to his client.
Kok said she decided to take legal action against the defendants as the article made baseless allegations.
She said the impugned article contained defamatory content about her either in direct reference or by implication or by imputation. Kok contended that the said article implied she is a racist, untrustworthy person and a bad politician. Besides that, she claimed that the article portrayed her as a danger to the society who should be assassinated. Kok further contended that the defendants published the article with the intention to disparage her in both her private and official capacities.
The Selangor state senior excutive council member alleged the defendants' acts were actuated by express malice and done in bad faith as well as to instigate public hatred against her. She said it lowered her esteem in the eyes of the public and exposed her to public scandal, ridicule, odium and contempt.
Among others, she is seeking compensatory damages of RM30mil from the defendants. She is also asking for High Court to grant her an injunction to restrain the defendants -- whether by themselves or through agents and/ or servants -- from further uttering, speaking or publishing the impugned article or similar words concerning her. Kok is also asking for costs and other relief deemed fit by the court.
In late October, she had sent letters of demand to the defendants which also demanded a public retraction by Utusan and an apology to be published in newspapers of her choice.

http://thestar.com.my/news/story.asp?file=/2008/12/12/nation/20081212094241&sec=nation

Gobind Singh Deo (DAP-Puchong) suspended after accusing Dewan Rakyat Speaker of biasness

Deputy Speaker Datuk Dr Wan Junaidi Tuanku Jaafar had ruled that Nazri had no intention to mislead the House when giving his reply on ex-gratia payments to the former Lord President and Supreme Court judges during the judiciary crisis in 1988.
“The minister did not know that the statement he gave was inaccurate and had no intention to mislead the House. Therefore it is not necessary for the minister to be referred to the committee of privileges,” said Dr Wan Junaidi at 11.30am. Wan Junaidi was ruling on Karpal's claim that Nazri had misled the House two week ago when replying to points raised on the Judicial sackings of 1988.
This then saw an exchange of words between Karpal Singh (DAP-Bukit Gelugor) and Wan Junaidi which saw several opposition members taking part.The exchange lasted a good 30 minutes . Salahuddin Ayub (PAS -Kubang Kerian) said Nazri should apologise in the House for not knowing his facts which had affected the integrity of the House. Dr Wan Junaidi told Salahuddin: “I do not need to ask the minister to apologise. My decision is based on the Standing Order. I do not want the Parliament to be a mockery.”
It was at this juncture that Karpal Singh told the Deputy Speaker that his decision was indeed a mockery of the House. Karpal Singh, amidst shouts of “tarik balik” from backbenchers, told Dr Wan Junaidi “jangan main-main (don’t play the fool) and the minister should apologise.
Gobind Singh Deo (DAP - Puchong), who stood up to support his father, ended up being suspended after he accused the Deputy Speaker of being biased."He (Nazri) makes the mistake and you are punishing me," he told Wan Junaidi after the deputy speaker and Gobind got into an argument over the merits of his decision not to refer Nazri to the rights and privileges committee.At the Parliament lobby later, Gobind Singh said: “If Nazri is prepared to apologise outside the Dewan, why can’t he do so inside the House?”
In the lobby, Nazri said there was no reason for him to apologise.“The Deputy Speaker has cleared me that I had not deliberately made that statement. Since there is no case to refer me to the Rights and Privileges Committee, there is no reason for me to defend myself,” he said.
“The issue from the beginning was never over an apology but about making the wrong statement, which I had admitted and cleared,” he said when asked why he initially apologised. ”The issue of apology does not arise. This was created by Karpal Singh,” he said.

Nazri had told the House on Nov 6 that former Lord President Tun Salleh Abbas and five other Supreme Court judges were not sacked but opted to retire early. A few days later, Nazri told reporters that he had made a mistake and that three of them were indeed sacked but had been paid pension on compassionate grounds.
This prompted Karpal Singh (DAP - Gelugor) to ask for a ruling to refer Nazri to the Committee of Privileges under Standing Order 36(12) for misleading the House.

http://thestar.com.my/news/story.asp?file=/2008/11/26/parliament/2642087&sec=parliament

http://www.nst.com.my/Current_News/NST/Tuesday/Frontpage/20081125134657/Article/index_html

Gobind Singh Deo spoke to the reporters in the lobby. This is a transcript of what he said:

"How does the speaker know without an explanation in the House by the Minister . How does the Speaker know what his defence is. And not only that, kita lihat Tuan Speaker menyatakan bahawa Menteri telahpun minta maaf tetapi di luar Dewan. Saya hanya bangkit untuk tanya. If he is prepared to apologise outside kenapa tak berani nak minta maaf dalam Dewan ? We are all honourable members of the House. Tapi as usual when the opposition asks questions we get thrown out. Doesn’t matter. Doesn’t matter. Tidak mengapa pada saya. Does not matter. But this is what happens in politics in Malaysia. In fact I am disappointed. Disappointed with the ruling made by the Speaker. But never mind two days I think what is more important is principles.We stand up for our principles. If we have toget suspended for it then so be it. Kita ini perlu berdiri mempertahankan prinsip kami sebagai wakil rakyat, wakil Dewan Rakyat. Kalau kita perlu di gantung untuk menjalankan tugas , saya sedia menerima. Tak ada masalah. Tak ada masalah."

The said statement was not aired on the national television stations. But Gobind does raise some pertinent points. While the Chair of the Speaker of the Dewan Rakyat merits respect, the speaker should bear in mind that the MP's are merely discharging their duties in accordance with their oath of office. An order of suspension is not one which should be invoked often since it amounts to a denial of the voice of the constituency which forms the very bedrock of democracy.