Court throws out Kelantan prince's suit
Intrigue in the Kelantan palace continues as the power struggle between two princes over the issue of succession intensifies as the sultan is reportedly bed-ridden.
Intrigue in the Kelantan palace continues as the power struggle between two princes over the issue of succession intensifies as the sultan is reportedly bed-ridden.
In the latest development, the High Court today struck out the defamation suit brought by the Tengku Temenggong of Kelantan, Tengku Muhammad Fakhry Sultan Ismail Petra (
left in photo
), against two Kelantan palace officials for slandering him over his marital problem.
Judicial commissioner Zabariah Mohd Yusof made the order in chambers after granting the two palace officials' application to strike out the suit.
The prince's counsel, Mohd Haaziq Pillay, said the suit was struck out on the grounds that it was defective in law as it did not express the entire content of the alleged defamatory statements.
Mohd Haaziq said the court also ordered Tengku Muhammad Fakhry, the youngest of the sultan’s three sons, to pay RM5,000 costs.
He said he would get his client's instruction on whether to appeal today's decision or to refile the suit as it was struck out without hearing the merits.
Cecil Abraham and Sunil Abraham represented the palace officials - Nik Mahmud Nik Jaafar, 32, an administrative officer at the Office of the Sultan of Kelantan and Abdul Halim Hamad, 58, the comptroller of the Kelantan royal household.
Statement issued on order by elder brother
On Aug 10, 2009, Muhammad Fakhry filed the suit against them over a press statement issued by them on June 15, 2009, which he claimed touched on his marital problems with his wife, Manohara Odelia Pinot, a model from Indonesia.
He alleged that the statement portrayed him as a wife abuser and that he had been sidelined by his father and the Kelantan palace.
The two defendants, in their statement of defence, said they had qualified privilege to issue the press statement as they were only carrying out their palace duties as per the instruction of Muhammad Fakhry’s elder brother - Kelantan Regent Tengku Muhammad Faris Petra.
They further contended that the marital problems between the Tengku Temenggong and his wife was the couple's own personal matter and had nothing to do with the Office of the Sultan of Kelantan.
In their application to strike out the suit, they said that it was flawed, frivolous, an abuse of the court process and it also did not reveal any reasonable cause of action.
They said Muhammad Fakhry also failed to state clearly the overall contents of a news article carried by the electronic media which he claimed defamed him.
New regent appointed?
Muhammad Fakhry has earlier failed to get the court to rule that the action of his elder brother in removing him from the state royal succession council was invalid.
On Jan 29, the High Court said that the action of the regent cannot be reviewed .
Tongues began to wage when it was reported that Muhammad Faris had been removed as the regent.
In the latest development, Muhammad Faris’ cousin, Tengku Abdul Aziz Tengku Hamzah, has been appointed the new regent.
However, a police report was lodged questioning the legitimcy of the appointment as it did not go through proper channels.
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