Harris sues Syed Kechik’s brother for libel

(Daily Express) – A legal suit has been filed by Tan Sri Harris Salleh against the brother of the late Tan Sri Syed Kechik Syed Mohamed Albukhary, the author and publisher, printer and distributor of a book pertaining to the Zara Project land, where the UMS now sits, during his tenure as Chief Minister.

Harris, in his statement of claims, said the book entitled “Vendetta and Abuse of Power: Quest for Justice in the Land Below the Wind – Political Vindictiveness and Personal Vilification Against Syed Kechik in Sabah (1975-2013)” that was launched on Jan 18, 2014 contained damaging comments on him.

He named the author, Dr Shaari Isa, as the first defendant, Syed Salem Albukhary who is the brother of the late Syed Kechik as the second defendant, and MPH Group Printing (M) Sdn Bhd, MPH Group Publishing Sdn Bhd and MPH Distributors Sdn Bhd as the third, fourth and fifth defendants, respectively.

Harris said the second defendant was involved and responsible to provide information and materials to the first defendant to be used in the book, which he only came to know about sometime in August 2014 when a friend gave him a copy.

In 1965, the late Syed Kechik, then a Political Secretary to the Minister of Information and Broadcasting, Malaysia was sent to Sabah to become the legal adviser of Usno but in less than one year became a member of Usno and the personal aide of the then president of Usno, the late Tun Mustapha Datu Harun.

Harris claimed it was public knowledge that the late Syed Kechik became a native of Sabah, a status or privilege, which enabled him to buy lands under native titles, including the purported Zara Project and that Syed Kechik had become a very rich individual after living in the State in less than 10 years.

Syed Kechik was appointed as a Senator from Sabah, a member of the Sabah Legislative Assembly, the Deputy Speaker and Chairman of the Sabah Land Development Board on top of being the Director of Sabah Foundation.

“The late Syed Kechik virtually ran and carried out the State administration in the name of the Chief Minister only but in reality he formulated and commanded implementation of economic policies and social development, which situation was detrimental to the people of Sabah and the State as a whole, consequently the Plaintiff had to resign twice as a member of the State Cabinet.”

The relationship between Syed Kechik and Tun Mustapha was described by Bruce Ross-Larson who stated: “He had helped put Tun Mustapha in power, and he had helped Tun Mustapha in power” in the book entitled “The Books of Federalism: Syed Kechik in Malaysia” which the Plaintiff would rely as evidence at the trial.

In 1975, Harris together with the late Tun Mohd Fuad Stephens and other state leaders formed Berjaya and after coming into power, at the urge of the people of Sabah and Federal Government, acquired the Zara Project land consisting an area of 2,452.74 acres for public purposes and compensation fully paid.

The Zara Project land acquisition was among the Defendants’ main grouses or allegations against the Harris of improper or abuse of power and vengenace in the said book.

Harris said the defendants in the book had made baseless allegations and referred them to the chapters 1, 3, 4, 5, 6, 8, 9 and 14.

He also reproduced several parts of the chapters, which he said were defamatory of him such as “Chapter 8: Harris Salleh on the warpath”, “Chapter 9: The Karambunai Affair” and “Chapter 14: Roots of Jealousy Againts Syed Kechik.”

Harris said the offending contents of the book were maliciously written and by which in their natural and ordinary meaning or by false innuendo means to mean that he is a corrupted person and abused his powers to ammass his wealth, engaging in lies, deceit done in liaison with Government and Government officials.

The book also accused Harris of influencing officers of the State Government and the judiciary to victimise and deny justice to the late Syed Kechik and second defendant.

Harris claimed the book also accused him of ravaging the forest resources of Sabah with the sole ambition to fatten his own bank account, a dictator who act according to his emotion with no regard to the rule of law and that he was untrustworthy as well as did nothing to help the well-being of the people of Sabah particularly natives and wilfully ignored the national New Economic Policy during his nine years’ tenure as Chief Minister of Sabah.

He had on Oct 31, 2014 written a letter to the respective defendants demanding public apologies and stop publications as well as disribution of the books but they failed or refused to comply.

Harris said he was claiming for aggravated and exemplary damages as the defendants did not give him the opportunity to comment on the contents of the book prior to its publication, that the defendants were motivated and/or maliciously published the said book to paint a black picture of him as a bad person who had abused his power and as avindictive person;

He said that the 3rd, 4th and 5th Defendants were motivated by profit in publishing the said book for sale to members of the public at their own establishments and/or at all major bookstores in Malaysia and Singapore for RM99 per copy;

The said book were also made available for online purchase worldwide at www.mphonline.com to maximize their profit for global circulation and market.

He also said that the Defendants requested several prominent and influential people to write Forewords and/or Introduction in thesaid book in order to give false credence on the contents therein in the eyes of the public and/or to create interests amongst the public to purchase the said book.

The Defendants had asked a former Federal Minister and Menteri Besar namely Tan Sri Dr Rais Yatim to officiate the launching of the said book in order to maximise its publicity and/or to make believe amongst the public its contents thus enhancing the sale of the said book at the local and international market;

He said that the Defendants had published the said book to ventilate hatred towards the Plaintiff and/or also the State authorities and the Malaysian Judiciary which the Plaintiff never had the power to control or influence;

He also claimed that the Defendants concealed the facts that the purported ZARA Project Land were lawfully acquired for public purposes whereby adequate compensation had been fully paid by the State Government;

Harris said that the Defendants allegation that the Plaintiff failed in safeguarding the interest of the Bumiputra owners of the Karambunai land was false when in fact the Plaintiff facilitated the 99 years sublease of the then idle and unproductive land for immediate millions of ringgits income in the form of rentals to the owners and ultimately the land reverting back to the owners with all the developments thereon worth billion of ringgits.

He also claimed that the Defendants concealed the facts thatin line with the New Economic Policy the Plaintiff had formulated and implemented various developments to uplift the economic well being of the natives and/or all citizens living in the rural areas of Sabah generally which facts are all documented and/or recorded in a book entitled “History of BERJAYA” which would also submitted as evidence at the trial;

He said the Defendants deliberately or simply denied the tremendous development which the State of Sabah experienced when the he was helming the state of Sabah administration for nine years.

In this respect, Harris was claiming for general damages, aggravated and exemplary damages for libel; interest at the rate of five per cent per annum on all sums awarded to the Plaintiff from the date of thepublication of the said book on 18.1.2014 until full payment; a permanent injunction to restrain the Defendants and/or any of them whether by themselves or their servants and/or employee or agents from printing and publishing further the said book and/or similar libel on the Plaintiff in any form or means whatsoever.

He was also seeking a mandatory injunction to compel the Defendants to forthwith cease from selling the said book from all bookstores and online purchase and to take all necessary steps to retract and to remove the said book from all bookstores and to remove the said book from online purchase, costs; and any further or other relief that this Honourable Court may deem just and fit to grant in the circumstances.