Court rules in Felda’s favour over RM200mil defamation suit against Suara Keadilan
(The Star) – The Federal Land Development Authority (Felda) obtained a judgment-in-default-of-appearance in the RM200mil defamation suit against Suara Keadilan’s publisher and printer.
On Tuesday, High Court judge Justice Zabariah Mohd Yusof made the ruling after hearing submissions from Felda’s lawyer Firuz Hussein Jamaluddin in her chambers.
(If the defendant fails to enter an appearance, the plaintiff can apply to court for “Judgement in Default of Appearance”. This means that because the defendant has failed to acknowledge the proceedings and indicate that he or she intends to defend them, the plaintiff may obtain a judgement from the court against the defendant without the need for a trial).
Speaking to reporters later, Firuz said damages have to be assessed and costs would have to be taxed against both defendants.
When asked whether Felda would proceed with the trial against four other defendants, Firuz said “Yes”.
Firuz had filed the application for a judgment-in-default of appearance against two defendants at the High Court civil registry on Oct 12.
The application was made against Suara Keadilan publisher Pelita Koridor Sdn Bhd and its printer Percetakan NPK Sdn Bhd.
On Aug 16, Felda sued PKR president Datuk Seri Dr Wan Azizah Wan Ismail, her deputy Dr Syed Husin Ali and four others for RM200mil over claims that it was bankrupt.
In the defamation suit, the plaintiffs, Felda and its investment company Felda Global Ventures Holdings Sdn Bhd, are also suing the six defendants for false allegations over the process of buying the Felda building.
Felda is also applying for an injunction to restrain the defendants from further publishing such words and a written apology to be published in newspapers and magazines to be identified by the plaintiffs.
Felda contends that it is suing PKR as the party is responsible for the publication of the monthly newspaper Suara Keadilan which carried two allegedly defamatory articles in its June 22-29 edition.
Suara Keadilan publisher and printer, its editor Dzulkarnain Taib and its writer Rusnizam Mahat are the other four defendants.
In the statement of claim, Felda stated that the first defamatory article was Felda Bangkrap (Feldas Bankrupt) and the second was Bina Bangunan RM662 juta hanya libatkan tiga individu (The construction of the RM662mil building involved only three individuals).
Felda stated that words in the first article implied that the plaintiffs were insolvent, unable to pay their debts and were not creditworthy while the words used in the second article meant that the acquisition and construction of the Felda building at the Golden Triangle here was to benefit cronies, did not comply with the law and that the transaction involved caused the plaintiffs losses.
Felda claimed that the allegations were so serious and that the plaintiffs would be held in contempt and odium by the public in Malaysia and internationally.
It claimed that the scandalous nature of the defamation had caused extensive damage and irreparable harm to the plaintiffs reputation.
