Jan 6 set for bid by PM’s aide to strike out suit

KUALA LUMPUR: The High Court will decide on Jan 6 on prime minister’s press secretary Datuk Seri Tengku Sarifuddin Tengku Ahmad’s application to strike out a defamation suit against him by Datuk Seri Mukhriz Mahathir.

Judicial commissioner Datuk Roslan Abu Bakar set the date after hearing submissions from both parties yesterday.

Tengku Sarifuddin’s lawyer, Datuk Seri Jahaberdeen Mohamed Yunoos, submitted that Mukhriz’s claim had no reasonable cause of action and that it was a scandalous and frivolous claim that ought to be struck out by the court.

He said the words in the press statements made no reference to Mukhriz and the readers or public who read the statements were unlikely to deduce that the statements were defamatory of him.

“The plaintiff’s action is an abuse of the court process and is merely for political reasons,” he said.

Jahaberdeen also contended that the plaintiff had failed to plead particulars of malice in his statement of claim or in his reply to the defence.

On the defence of qualified privilege and fair comment, Mukhriz’s counsel Mohamed Haniff Khatri Abdulla argued that the defendant (Tengku Sarifuddin) failed to prove that the publication of the impugned statements was made in good faith.

“The defendant is not entitled to the defence of fair comment on the basis that the impugned press statements contained facts which were neither fair nor accurate,” he said.

Haniff also submitted that the press statements published and broadcast by the defendant had exposed his client to hatred, ridicule or contempt in the mind of rightthinking members of society.

He said the statements had severely tarnished Mukhriz’s reputation as a member of the state legislative assembly of Ayer Hitam, Kedah, former menteri besar of Kedah, a politician, as well as a public figure and leader, especially for people in Kedah.

Mukhriz, 51, filed the suit on May 3 alleging that Tengku Sarifuddin had issued four defamatory statements against him on April 15, 20, 23 and 26 this year.

The plaintiff alleged the statements implied that Tun Dr Mahathir Mohamad and Tan Sri Muhyiddin Yassin had conspired in a malicious campaign to topple the legally elected government and that he was involved directly in the plot between Dr Mahathir and Muhyiddin.