No Exemption Sultanah Has To Give Evidence Says Appellate Court


 
Sultanah Nur Zahirah had sued Sarawak Report editor Clare Rewcastle Brown and two others over what she claims are “defamatory statements” in a book.PUTRAJAYA: The Court of Appeal today set aside a High Court ruling that exempted Terengganu’s Sultanah Nur Zahirah from giving evidence to prove her defamation suit against Sarawak Report editor Clare Rewcastle Brown and two others.
A three-member bench chaired by Mohamad Zabidin Mohd Diah said the plaintiff ought not have pursued the application via Order 14A of the High Court Rule.
“The matter is to be determined at trial. The application should have been dismissed,” he said, in allowing an appeal by Rewcastle Brown, publishers Gerakbudaya Enterprise, Chong Ton Sin and printer Vinlin Press Sdn Bhd.
Zabidin, who sat with M Nantha Balan and Lee Heng Cheong, said the bench agreed that the bane and antidote (sting and cure) is an ingredient defence.
“The publication must be read as a whole and the bane and antidote must be taken together. It cannot be truncated in the way the judge has done under Order 14A,” he said.
Zabidin said in this case, the defamatory statement was found on page three of the book while the defendants took the position that the antidote was at page 438 and must be determined after a trial.
Lawyer Gopal Sri Ram, who appeared for the defendants , today submitted that those who have gumption to invoke the court process must come to court to give evidence.
The suit should go for full trial as there are triable issues,” he added.
Lawyer Vishnu Kumar, representing the Sultanah, submitted that the High Court had found that the defendants had defamed the plaintiff and the burden therefore shifted to proving their defence.
On Dec 13, 2019, trial judge Ahmad Zaidi Ibrahim ruled that in the face of the suit, the defendants had defamed the Sultanah.
The judge said that in the minds of any reasonable person, an impugned passage in the book “The Sarawak Report – The Inside Story of the 1MDB Expose” had cast aspersions on the plaintiff.
He said he concurred with the Sultanah’s lawyers that the defendants need not bring a language expert to prove the passage in the book was not defamatory.
The judge said the “ball has now been shifted to the defendants” and they could take the stand to rely on the defence available in defamation cases or take a position of no case to answer.
The defendants had cited the defence of justification, fair comment and qualified privilege.
Sultanah Nur Zahirah filed the application for her suit to be decided by summary judgment under Order 14A.
She alleged that Rewcastle Brown had made a disparaging statement about her in the book, and claimed that it could be taken to mean she was involved in corrupt practices.
She said the defamatory statement could also infer that she had interfered in Terengganu’s administration and had used her status to influence the establishment of the Terengganu Investment Authority (TIA), which later became 1MDB.
She alleged the statement also construed her as having helped Low Taek Jho, also known as Jho Low, to become the adviser of TIA.
She is claiming general damages of RM100 million from each defendant. - FMT


Artikel ini hanyalah simpanan cache dari url asal penulis yang berkebarangkalian sudah terlalu lama atau sudah dibuang :

http://malaysiansmustknowthetruth.blogspot.com/2021/08/no-exemption-sultanah-has-to-give.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+MalaysiansMustKnowTheTruth+%28Malaysians+Must+K

Kempen Promosi dan Iklan
Kami memerlukan jasa baik anda untuk menyokong kempen pengiklanan dalam website kami. Serba sedikit anda telah membantu kami untuk mengekalkan servis percuma aggregating ini kepada semua.

Anda juga boleh memberikan sumbangan anda kepada kami dengan menghubungi kami di sini
Coroner Has No Power To Punish Anyone Who Disrespects Court Says Lawyer

Coroner Has No Power To Punish Anyone Who Disrespects Court Says Lawyer

papar berkaitan - pada 12/8/2021 - jumlah : 220 hits
Lawyer Ambiga Sreenevasan was appearing for former AG Tommy Thomas to set aside a High Court ruling that the coroner s court had jurisdiction to hear a contempt of court case against him PUTRAJAYA A coroner has no jurisdiction to punish any...
Muda S Court Hearing Postponed Abruptly After Agc Says Home Minister Already Decided On Appeal For Registration

Muda S Court Hearing Postponed Abruptly After Agc Says Home Minister Already Decided On Appeal For Registration

papar berkaitan - pada 12/8/2021 - jumlah : 302 hits
Lawyer Lim Wei Jiet said the court was scheduled to hear Muda s lawsuit via judicial review application at 12pm where the party was seeking for the home minister to finally decide on its February 2021 appeal to be officially registered as a...
Entire Pn Cabinet Has To Resign If Muhyiddin Tenders Resignation As Pm Tomorrow Says Sarawak Dap Chief

Entire Pn Cabinet Has To Resign If Muhyiddin Tenders Resignation As Pm Tomorrow Says Sarawak Dap Chief

papar berkaitan - pada 16/8/2021 - jumlah : 264 hits
State Democratic Action Party chief Chong Chieng Jen said today that the entire Perikatan Nasional Cabinet has to resign in the event that Prime Minister Tan Sri Muhyiddin Yassin tenders his resignation tomorrow The Stampin MP did not offer...
The Cabinet Has Resigned Says Kj

The Cabinet Has Resigned Says Kj

papar berkaitan - pada 16/8/2021 - jumlah : 236 hits
Khairy Jamaluddin has confirmed the end of the Perikatan Nasional government saying the cabinet has tendered its resignation to the Yang di Pertuan Agong In an Instagram post the science technology and innovation minister Khairy Jamaluddin ...
I Ll Be Back In Court Says Najib

I Ll Be Back In Court Says Najib

papar berkaitan - pada 19/8/2021 - jumlah : 226 hits
Najib Razak posted a photograph of him eating implying that he would be back in court after a quick lunch break PETALING JAYA Former prime minister Najib Razak says he will be back in court later today following his audience with the Yang d...
Pakatan Has Only 105 Mps Still Short Of 6 More Says Guan Eng

Pakatan Has Only 105 Mps Still Short Of 6 More Says Guan Eng

papar berkaitan - pada 16/8/2021 - jumlah : 381 hits
DAP secretary general Lim Guan Eng has called on all Pakatan Harapan and the Opposition bloc to adopt a big tent approach in reclaiming their mandate as a constitutionally elected government by the people In a statement Lim said the Opposit...
Give 20 000 Donated Doses To Hawkers Workers Immediately Says Guan Eng

Give 20 000 Donated Doses To Hawkers Workers Immediately Says Guan Eng

papar berkaitan - pada 29/8/2021 - jumlah : 242 hits
Lim Guan Eng says the current disruption in vaccine supply had caused havoc to Penang s vaccination programme and efforts to reopen its economy PETALING JAYA The 20 000 doses of the Sinovac vaccine donated by Selangor to Penang should be us...
Zahid S Graft Case Of Public Interest Must Resume Next Week Says Court

Zahid S Graft Case Of Public Interest Must Resume Next Week Says Court

papar berkaitan - pada 25/8/2021 - jumlah : 247 hits
Ahmad Zahid Hamidi has been admitted to hospital following a fall on Sunday SHAH ALAM The High Court granted an adjournment of Ahmad Zahid Hamidi s foreign visa corruption trial scheduled today but maintained that the hearing should resume ...
Insane To Give Failed Govt A Second Chance Says Guan Eng

Insane To Give Failed Govt A Second Chance Says Guan Eng

papar berkaitan - pada 14/8/2021 - jumlah : 193 hits
Lim Guan Eng said based on the prime minister s record of political treachery there was scepticism whether he would deliver on his promised reforms PETALING JAYA DAP is opposed to giving a failed government a second chance and is very clear...
China S President To Host Official Dinner For Anwar

Drama One Cent Thief 2 Lakonan Syafiq Kyle Azira Shafinaz

I Bought A Toy Like Vape Online Mp Tells Dewan Chamber

Unlocking Savings Expert Tips For Finding Discounted Cigarettes In Australia

Kips Bay Decorator Show House Dallas 2024 An Exquisite Showcase Of Design

India Secebis Kenangan Di India Random Photos

Anwar Slams Hypocritical Criticism Over His Response To Najib S Apology

A Sucker Punch For Rm1 000 What S The Value Of Dignity In Malaysia


echo '';
Biodata Terkini Penyanyi Illa Sabry Peserta Gegar Vaganza 2024 Musim 11 GV11

Info Dan Sinopsis Drama Berepisod Senyawa iQIYI Malaysia

Info Dan Sinopsis Drama Berepisod Project Projek Exit Astro Originals

Pelajari Asal Usul Nama Makhluk Seram Kisah Fiksyen Barat Yang Terkenal

10 Fakta Filem Kahar Kapla High Council Yang Ramai Tak Tahu Prekuel Drama Project Projek High Council


Konsep Wadiah Pengertian Hukum Dan Rukun Dalam Perspektif Syariah

Sayonara Iza Arina

Build A Strong Team For A Startups

Simple Menu Untuk Dinner

Lirik Lagu Pendam Rasa Evanatie

Kolaborasi Skin Hero Mobile Legend X Naruto Spipudden