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Raub Australian Gold Mining vs Mtoday News: Defendants statement of apology

March 21, 2014

Defendants admit the allegations made in the defamatory articles are contrary to the findings which have been made by the relevant authorities.

IN THE HIGH COURT OF MALAYA AT KUALA LUMPUR (CIVIL DIVISION) SUIT NO. 23NCVC – 107– 09/2012

BETWEEN

RAUB AUSTRALIAN GOLD MINING SDN BHD                       … PLAINTIFF
[Company No. 374745-K]

AND

1. MTODAY NEWS SDN BHD
[Company No. 875106-D]

2. ANEESA ALPHONSUS      … DEFENDANTS

STATEMENT OF APOLOGY TO BE PUBLISHED BY THE DEFENDANTS ON:  http://www.freemalaysiatoday.com

1. Between June 2012 and July 2012, the following articles which were authored by Aneesa Alphonsus and videos were published on the Free Malaysia Today website (the “Website”):

(a) An article dated 23.06.2012 entitled “Cyanide poisoning in Bukit Koman?” (the “1st Article”);

(b) An article dated 03.07.2012 entitled “Living in the shadow of fear” (the “2nd Article”);

(c) An article dated 04.07.2012 entitled “Bukit Koman Mining: Why the mystery?” (the “3rd Article”); and

(d) An article dated 16.07.2012 entitled “Anti-cyanide committee has no mandate” (the “4th Article”).

(hereinafter collectively referred to as the “Defamatory Articles”).

2. Following the publication of the Defamatory Articles, on or about 03.09.2012, Raub Australian Gold Mining Sdn Bhd (“RAGM / Plaintiff”) commenced legal proceedings before the High Court of Malaya at Kuala Lumpur against Mtoday News Sdn Bhd and Anessa Alphonsus (the “Defendants”) wherein RAGM maintains that the allegations contained in the Defamatory Articles are defamatory and utterly unfounded.

3. The Defendants now accept their serious error in publishing and/or causing to be published the Defamatory Articles on the Website and recognise that considerable damage has been caused to the Plaintiff and to the Plaintiff’s reputation. The Defendants admit that there is no foundation to any of the allegations made and unreservedly withdraw all imputations cast upon the Plaintiff.

4. The Defendants admit that the allegations made in the Defamatory Articles are contrary to the findings which have been made by the relevant authorities including the Ministry of Health and the Department of Environment and are therefore unfounded.

5. As such, the Defendants unreservedly apologise for having published the Defamatory Articles which as a matter of fact, represented the  views of certain individuals residing in the near vicinity of Kampung Bukit Koman, Raub, Pahang without any prior independent investigation on the part of the Defendants as to the veracity of such allegations.

6. The Defendants also wish to express their sincere regret to the Plaintiff for publishing the defamatory statements containing the allegations contained in the Defamatory Articles and the Defendants unreservedly apologise to the Plaintiff for the distress and embarrassment caused to the Plaintiff by such defamatory publications. Accordingly, the Defendants wish to withdraw and unequivocally retract the publication of the Defamatory Articles which formed the subject matter of the aforementioned suit filed by the Plaintiff.

7. The Defendants wish to express their sincere and deepest regret for any distress and embarrassment caused by the publication of the defamatory words of and concerning the Plaintiff. The Defendants would therefore take this opportunity to apologise to the Plaintiff i.e. Raub Australian Gold Mining Sdn Bhd and to rectify any misunderstanding which may have arisen as a result of the publication of the Defamatory Articles.

8. In this regard, the Defendants are pleased to announce that the Plaintiff has conducted itself honourably insofar as this matter is concerned and has graciously accepted the Defendants’ offer to make amends and apologise for the Defendants’ conduct. The Defendants also wish to state that they undertake not to publish similar statements of a defamatory nature in the future.

9. Lastly, the Defendants are happy to state that the dispute between the Plaintiff and the Defendants premised on the publication of the Defamatory Articles has now been resolved amicably following an apology issued by the Defendants in open court.

Thank you.

Mtoday News Sdn Bhd
Aneesa Alphonsus


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