Sabah publisher, editor fail to annul Ismail Sabri’s defamation suit
Defendants want suit to be heard in Kota Kinabalu but judge rules Kuala Lumpur is the venue as the effect of the first article published on the internet was more severe in the Peninsula.
Sabah Publishing Sdn Bhd and Daily Express editor James Sarda said the suit should have been filed in Kota Kinabalu instead of Kuala Lumpur due to the existence of two high courts of different jurisdiction.
Under the Federal Constitution, the two separate jurisdictions are the High Court of Malaya and the High Court of Sabah and Sarawak.
However, Justice Nordin Hassan said the suit could be heard in Kuala Lumpur as the effect of the first article published on the internet was more severe in the Peninsula.
In March, Ismail filed the suit against the publisher and James over three articles on protected turtle eggs served at a dinner function in Kota Kinabalu which he attended sometime between October and November 2015.
In his statement of claim, Ismail said the defendants had wrongfully and maliciously published three articles in the Daily Express under the headings “Minister and Sabah YB have yet to comply: Dept” dated Jan 24, 2016; “Beluran turtle eggs dinner: Findings left to the AG” on Sept 3, 2016 and “Explain ‘turtle egg’ confusion first, Lim tells Minister” on Sept 6, 2016.
Ismail, who is also the MP for Bera, Pahang, claimed the three articles meant, among others, that he was avoiding responsibility, did not respect the law, had contravened the law and had ignored the investigation process.
It is illegal to consume or to be in possession of turtle eggs in Sabah.
Ismail said the defamatory words against him were wrong, baseless, ill-intended and had tarnished his reputation as a public leader.
He demanded an apology from the defendants and is seeking general damages, aggravated damages and exemplary damages.
Ismail also asked for an injunction to prevent the defendants from continuing to publish similar articles against him in the future.
The defendants, in their statement of claim filed through Messrs Bhag Sulaiman & Co, denied publishing and printing the articles with wrongful and bad intentions.
They claimed the articles published were produced under conditional safeguards and without malice.
Lawyer Samsinaralia Sahar, who represented Ismail, said the defendants did not object when the legal firm based here sent a letter of demand on behalf of the minister.
“They later accepted service of the writ and statement of claim and filed their defence here,” she said.
Samsinaralia said the striking out application was filed “too late in the day”.
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A case management will be held later to determine the trial dates but FMT understands the defendants are likely to appeal today’s ruling.