Sabah Scandal Smm And Ceo Seek Gag Order Against Malaysianow

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Sabah Mineral Management Sdn Bhd (SMM) and its chief executive officer, Natasha Sim, have turned to court in seeking gag orders against MalaysiaNow and its editor, Abdar Rahman Koya, over the articles published on the Sabah mining scandal.
Court documents sighted by Malaysiakini showed that the application was filed at Kota Kinabalu High Court on Aug 26, with the news portal and its director named as defendants.
The application, which will be heard on Sept 10, sought interim injunction orders against the defendants from making statements, articles or videos in matters regarding the scandal, as well as to take down any related articles, until the case is finally disposed of.
They also claimed other relief deemed fit by the court, as well as costs.
Articles damaging, vilify plaintiffs
Sim, in her affirmed supporting affidavit, claimed that MalaysiaNow had published three articles and two videos on July 21 and 24 on the scandal, which she claimed was defamatory.
She claimed that the impugned statements were published maliciously as, she said, MalaysiaNow and Rahman were aware that such publication would injure hers and SMM’s reputation and credibility.
She also claimed that they had published the articles without any or sufficient investigations, audit, verification and due diligence.
“The defendants published the impugned statements with blatant and reckless disregard as to their truth (and) without affording the plaintiffs any sufficient opportunity to provide their explanations.”
She also claimed that the impugned statements had deliberately linked Bumi Suria Sdn Bhd with one Albert Tei, who was charged, on June 30, with giving bribes to a Sabah assemblyperson, despite the two issues being wholly unconnected, in order to paint an impression that the company was tainted with bribery.
Bumi Suria is a company owned by Farhash Wafa Salvador Rizal Mubarak - a former aide to Prime Minister Anwar Ibrahim.
Farhash also filed a RM10 million defamation suit against MalaysiaNow and Rahman over their publications of the scandal.
Farhash Wafa Salvador Rizal Mubarak, former aide to PM Anwar IbrahimShe further said that the impugned statements have seriously damaged hers and SMM’s personal, professional, business and trade reputations as well as goodwill.
The damage extends to SMM’s reputation as the agency that facilitates expedient procurement of mining licences, infrastructure management and oversight, as well as various regulatory compliance monitoring in Sabah’s mining industry, she added.
“I have been vilified by my family, friends, acquaintances and the public at large (claiming me as) an individual that is corrupt, untrustworthy and unethical.
“I suffered mentally and emotionally,” she said.
She further said both the plaintiffs have suffered loss and damage following the publishing of the impugned statements.
Bumi Suria’s land mining application
Sim, in affirming that she has a prima facie case against the defendants, as said by her counsel, detailed Bumi Suria’s mineral mining and coal exploration licence application, which began with an application submitted on Jan 5, 2023.
Following their initial letter, the company then sent another one on March 31, requesting to increase the size of the area they applied for, from 30,000ha to 70,000ha.
SMM’s board, Sim said, had then greenlit Bumi Suria to apply for a prospecting licence for 70,000ha, and that the company shall make the application within four months, in accordance with Mining Ordinance 1960 (SMO 1960), in which the company filed their application on Nov 30, after seeking an extended time to do so.
However, on Jan 23, 2024, the board decided to cancel their permission because the area, which Bumi Suria had applied for, falls within the Sustainable Forest Management Licence Agreement.
Three days later, Bumi Suria requested that the board reconsider their decision and said that the prospecting works would be carried out in cooperation with PT Bayan Resources Tbk, one of Indonesia’s biggest coal mining companies.
On May 21, SMM granted permissions to Bumi Suria, via a letter, to apply for a prospecting licence under conditions that there must be cooperation with PT Bayan Resources Tbk, with relevant documents submitted to them.
However, on Oct 30, Bumi Suria, in a letter to SMM and addressed to Sim, had applied for a new area of 70,000ha in Sipitang for a prospecting licence for coal, after reviewing its initial area.
SMM then told them to submit a complete application on March 22, leading to their letter addressed to Bumi Suria on March 24 this year, saying that their permission granted to the company has lapsed and accordingly cancelled after receiving no application from the latter.
“Since then, SMM has not received any further application from Bumi Suria,” Sim said. - Mkini

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