Court strikes out Umno suit against Guan Eng
KUALA LUMPUR, June 11 — The High Court today struck out Penang Umno liaison chairman Datuk Zainal Abidin Osman’s defamation suit against Lim Guan Eng, saying the Malay party leader had no legal right to sue the Penang chief minister.
Lim had allegedly suggested that Umno had raised public tension that sparked an attempt to set fire to the Penang DAP premises on August 18 last year.
Lim was alleged to have said the defamatory words on August 18 last year.
“Judge said plaintiff had no locus. He had sued as office holder of Umno (but) there was no proof he is an office bearer of Umno,” Jagdeep Singh Deo, one of Lim’s lawyers, told reporters outside the court.
“Judge allowed (our) preliminary objection, struck out suit with costs.”
Zainal Abidin, who filed the suit on behalf of Penang Umno, said he only knew about Lim’s allegation on the attempt to set fire to the DAP office from newspaper reports.
He said the statement by Lim had angered Muslims.
Zainal Abidin said he was informed that Lim had uttered the defamatory words when interviewed by a reporter from The Malaysian Insider, Clara Chooi Ai Leng, in front of other journalists on August 18 last year after the National Finance Council meeting.
Zainal Abidin, represented by lawyer Datuk Jahaberdeen Mohamed Yonoos, filed the suit on October 24 last year.
Apart from Lim, who is also DAP secretary-general, the other defendants named are Parti Keadilan Rakyat as the owner of the electronic news portal Keadilan Daily and newspaper Suara Keadilan, Segmen Fleksibel Sdn Bhd as the publishing company of Keadilan Daily, and Suara Keadilan chief sub-editor, Fazallah Pit.
In his statement of claim, Zainal Abidin alleged that on July 3, Lim had released a press statement via email and later published it in Keadilan Daily on July 3 and Suara Keadilan on July 5.
Zainal Abidin said Lim’s statement, among others, meant that he was purportedly involved in trying to overthrow the Penang chief minister through illegal means as well as conceal his involvement in a demonstration at Komtar and the Penang Bridge on July 1.
He said that on August 18, Lim allegedly issued another hurtful statement in front a group of journalists, which was published on news website The Malaysian Insider on the same day.
Zainal Abidin had sought RM30 million in compensation, interest, cost and other relief deemed appropriate by the court and an injunction to prevent all the defendants from continuing to issue or publish the allegedly defamatory statements.
“The court is of the considered view that the plaintiff, Zainal Abidin Osman... is not authorised to commence this action on behalf of the Penang Umno state liaison committee.
“The court hereby rules that the plaintiff has no locus standi to commence this suit,” said Justice Amelia Tee in a written judgment made available to reporters.
Lim said today’s ruling was a victory for “freedom of the press” and the “right of reply.”
“This is the first time Umno has had its comeuppance. But the battle is still long.
“We are astonished with today’s judgment, happy that right can be done,” the Penang CM told The Malaysian Insider.
Zainal Abidin was not present for the judge’s ruling.