Lawyer demands RM5 mil each from publisher, lecturer for alleged defamation
KUALA LUMPUR: A lawyer, who is seeking legal redress on whether the Yang di-Pertuan Agong’s decision not to declare an emergency is unconstitutional, is demanding RM5 million in damages each from a Malay daily and a university lecturer for alleged defamation.
Legal firm YC Wong, which sent a letter of demand on behalf of Syed Iskandar Syed Jaafar al-Mahdzar, is also seeking an immediate withdrawal of the news report titled “Peguam saman kerajaan, Agong tidak isytihar darurat” on Harian Metro’s web page on Oct 30.
In the letter sent last week to the daily, which comes under the stable of The New Straits Times Press Bhd, the legal firm also said the matter was aggravated following the reproduction and publication of the report in Harian Metro’s Facebook and Twitter accounts.
The legal firm said their client wants a retraction and apology within seven days of the demand letter.
They also want the publisher to pay RM5 million in damages for injuries to Syed Iskandar’s professional reputation, for causing him considerable distress and embarrassment.
A similar letter was sent to Kamarul Zaman Yusoff of Universiti Utara Malaysia for alleged defamation in an article titled “Siapa Peguam Yang Saman Yang di-Pertuan Agong?” posted on his Facebook on Oct 30.
The legal firm said the alleged defamation was aggravated when the article was further posted n two news portals, MYKMU.NET and Suara.TV.
Kamarul had said the legal remedy sought by Syed Iskandar touched on the positions of the King as enshrined in the constitution.
In his originating summons, Syed Iskandar posed two legal questions:
- Whether on a true construction of Articles 40 and 150 of the Federal Constitution, the King has an unfettered discretion not to declare an emergency despite the advice of the prime minister or the Cabinet, and
- Whether an amendment to Article 150, by adding clauses (8) and (9), is violative of the basic structure of the constitution, in regard to Article 4(1).
The lawyer said he believed the legal questions posed were important to uphold the rule of law and to protect the constitution.
In an affidavit in support of the action, Syed Iskandar said the King, in not accepting the advice of the prime minister or his Cabinet, did not perform his function in accordance with Articles 40 and 150.
On Oct 23, Muhyiddin Yassin advised the King to issue an emergency proclamation under Article 150 after the Cabinet agreed on the matter at a special meeting.
Two days later, after a special meeting among the Malay Rulers, the King decreed that an emergency proclamation throughout, or part of, the country was not necessary.
Syed Iskandar told FMT today his intention of going to court was to merely seek clarification and guidance from the court.
“I have never sued the King. My originating summons was meant to ask for declarations and other relief deemed fit by the court,” he added. - FMT
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