A POLITICAL drama with Malaysian actors is about to explode at the High Court of Justice in London at the Strand. With all the excitement of the popular TV series – the House of Cards. Very high-profile Malaysian politicians and business players are featured. Even former Bar Council president Ambiga makes a brief cameo appearance.
Posted on 13 November 2017 - 11:14am
Last updated on 13 November 2017 - 11:26am
Last updated on 13 November 2017 - 11:26am
PAS president Hadi Awang has sued Sarawak Report editor, Clare Brown. In this suit filed earlier this year, Hadi claims that his reputation has been seriously harmed in England, Wales, Singapore and Malaysia – by a political commentary by Clare on the Sarawak Report website. This website has been blocked in Malaysia.
The claim
The sting of the complaint is in the final eight short paragraphs of the article. It states that PAS was wooed away from the opposition coalition "in the normal way ...".
Hadi complains that this implies that he "had personally accepted, or procured or approved the acceptance by PAS of, a massive bribe ... in exchange for compromising PAS's political independence". Thus "disgracefully undermin(ing) the democratic process".
The defence
In her 55-page "Defence" statement, Clare says:
» The article refers to PAS and the top echelons of the party. Hadi is neither named nor identified. And that Hadi is interfering in her and the public's rights to freedom of expression and free discussion of political matters. This interference she claims is "disproportionate, unnecessary and unjustified".
» The words complained of cannot be understood to bear the meanings that Hadi alleged or at all.
» The article did not – nor was it likely – to cause serious harm to Hadi's reputation.
» Hadi was bringing this case not "to correct and protect himself from serious harm to his reputation but for the illegitimate purposes of protecting the reputations and advancing the political purposes of PAS and his political ally, ...".
» The article contained "statements on matters of the greatest possible public interest". And that it was reasonable (for Clare) to believe that publishing the statement was in the public interest.
» If the words could be construed to convey a defamatory imputation, Clare says that the imputation is substantially true. She will prove at the trial that Hadi as president of PAS "has knowingly allowed that party to be compromised and corrupted morally and politically and the democratic process to be undermined by senior party personnel accepting and personally benefiting from enormous secret payments of money … paid to undermine and draw PAS away from the Opposition coalition".
Counterclaim
Clare has also counterclaimed against Hadi for colluding with the other party to exploit these proceedings as part of propaganda efforts to discredit her and the Sarawak Report.
Clare also says that Hadi has attacked her viciously and racially through publications. She is claiming damages for the consequent harassment which is actionable under UK's Protection from Harassment Act of 1997.
Actors and accusations
Sprayed throughout the defence are the names of persons Malaysians will readily recognise. Less known are their attributes. Such as of a blogger, for example, described as a paid propagandist. The whole episode involving a strategic development company is narrated in considerable detail involving all the usual players.
The defence is studded with details of all the previous accusations which we have heard ad nauseam. The narration of the lavish lifestyle of some PAS leaders is a revelation of sorts.
The trial
Of course, all these allegations and counter-allegations will have to be proved – in a courtroom some 11,000km from KL. Both parties will roll out the evidence in support of their respective case. Perhaps, at long last, we may gain a blow-by-blow insight of the strategic development company's transactions that have consumed so much of our time and energy; and tested credulity.
Will the truth finally emerge?
Well, it will be all out there – unveiled by the protagonists in a no-holds "battle royal" within the hallowed halls of the 19th century cathedral-style London High Court of Justice.
Gurdial is a former law professor at University of Malaya and currently a consultant in a law firm. Comments: letters@thesundaily.com
http://www.thesundaily.my/news/2017/11/13/hadi-awang-vs-clare-brown
Hadi Awang sues Sarawak Report editor
Posted on 27 April 2017 - 07:44pm
Last updated on 28 April 2017 - 10:31am
Last updated on 28 April 2017 - 10:31am
PETALING JAYA: PAS president Datuk Seri Abdul Hadi Awang has filed a defamation suit against Sarawak Report editor and founder Clare Rewcastle Brown for alleging that he had received money from the government.
Party secretary-general Datuk Takiyuddin Hassan said the suit was filed at the London High Court on April 21.
He added Abdul Hadi was seeking for damages and an injunction order from the court, in relation to an article published by Sarawak Report on Aug 6 last year titled "As Najib denies all over 1MDB, let's not forget his many other criminal connections".
Takiyuddin said the article had suggested that Abdul Hadi had personally received a big amount of bribe from Prime Minister Datuk Seri Najib Abdul Razak as an exchange to compromise PAS' political stand.
"All of the allegations were not true at all. The allegations of corruption has clearly destroyed and affected the reputation of the PAS president ...," he said in a statement.
Takiyuddin said Abdul Hadi had appointed a London-based legal firm, Carter-Nick, to submit a letter of complaint to Rewcastle at the end of last year.
He added the letter had demanded for Rewcastle to remove or delete the article and publish an apology to Abdul Hadi.
"However, Miss Rewcastle Brown has failed to provide a response to the complaint and made several public statements that had complicated the situation," he said.
Takiyuddin said the suit need to be made as the article had affected his reputation in Malaysia and Singapore, as well as in England and Wales.
"Taking into consideration the heavy accusation, the PAS president will not let it go unchallenged and has no choice but to initiate legal proceedings," he said.
Najib denies paying RM90m to PAS
Posted on 4 November 2017 - 07:04pm
Last updated on 5 November 2017 - 09:28am
Last updated on 5 November 2017 - 09:28am
KUALA LUMPUR: Prime Minister Datuk Seri Najib Abdul Razak has today openly denied an accusation by whistleblower portal Sarawak Report that he had paid RM90 million to PAS.
In what seemed to be his first counter reaction against the allegation, Najib, who is also the Umno president, said that the matter was played-up by certain parties to smear the image of the government.
"I did not give the money to PAS, and that is why PAS has sued Sarawak Report. We will wait for the decision. Clare (Rewcastle-Brown) is now 'gelabah' (uneasy)," he said.
"I cannot comment (more) as it (the case) is in court. This is all rubbish but was made to give us the bad image," Najib said in his speech at the party's Social Media Convention at Putra World Trade Centre.
Sarawak Report in one of its articles had alleged that PAS had received the RM90 million from Najib, an accusation which has been denied by the Islamist party.
PAS president Datuk Seri Abdul Hadi Awang in April filed a defamation suit against Sarawak Report's Rewcastle-Brown, the Sarawak Report editor and founder, for alleging that he had received money from the government.
Najib mentioned the Sarawak Report's allegation as an example of the cyberattacks launched by certain parties to sway public opinion against the government.
In responding to another allegation over his recent visit to the US, Najib dismissed rumours that he had brought "buckets of money" to his meeting with President Donald Trump.
"I went to the US to show to Trump that we do not come to seek donation. We came there as a successful nation.
"Other countries went there to ask for loans, but we told Trump that we are a successful country. This is due to the struggle of Umno all this time," he said.
