Eviction order unlawful', Malaysiakini tells landlord
Embattled online news daily malaysiakini will not vacate its rented premises in Bangsar Utama, Kuala Lumpur, since the eviction notice issued by landlord PC Suria was "void in law", said its lawyer Tommy Thomas in a letter dated Jan 30.
The letter - delivered to PC Suria by hand the same day - added malaysiakini will disregard the two letters issued by the computer products distributor in the wake of the Jan 20 police raid on the daily's office.
PC Suria sent two letters to malaysiakini - dated Jan 21 and Jan 22 - demanding that the latter vacate its office by the end of this month.
According to the notice of termination, the main reason for the eviction order was because
malaysiakini
"had been found involved in activities which contravene the laws of the country".
The eviction notice, signed by PC Suria managing director Orissa Baharum, came two days after the police raided malaysiakini 's office and seized 19 computers, including four servers.
The raid followed a police report lodged by Umno Youth on Jan 17 over a letter published on the website which was said to have questioned special rights accorded to ethnic Malays under the country's constitution.
Invalid reason
Thomas said under the original tenancy agreement, the landlord did not have the right to issue the eviction notice for the reason cited by PC Suria - that malaysiakini committed unlawful activities.
"If that indeed is the basis of your purported intention to terminate (the tenancy agreement), we should point out that our client ( malaysiakini ) has not contravened any laws," said Thomas.
"Further, they have not been charged with any offence and even if they were, under the Malaysian law one is presumed innocent until found guilty."
He added the original tenancy agreement only imposed an obligation for malaysiakini to indemnify PC Suria for losses that the landlord may have incurred as a result of any unlawful activities.
"Accordingly, ... we write to inform you that our client shall disregard the said letters and shall continue to occupy the said premised after Feb 28 pursuant to the renewed tenancy," said Thomas.
Malaysiakini rents the fourth floor of a five-storey office block owned by PC Suria, which occupies the ground and the third floor. Malaysiakini has been renting the Bangsar Utama premises since December 2000.
PC Suria had earlier verbally agreed to renew the two-year tenancy agreement in September last year and this was confirmed by an Oct 7 letter sent by malaysiakini.
PC Suria is the sole distributor of computer products produced by Perbadanan Komputer Nasional Bhd (Nascom). Launched in 1997, the company is now wholly owned by Nascom, a government-backed enterprise.
Malaysiakini has been unable to contact PC Suria for its reaction to the letter.
No developments
Meanwhile, there are no new developments relating to the police investigation.
While investigation officer ASP Alzafny Ahmad had expressed intention to question malaysiakini chief executive officer Premesh Chandran (
photo
) last week, there has not been any confirmation on the matter.
In the course of their investigation, the police have thus far recorded statements from malaysiakini editor-in-chief Steven Gan and four other senior editorial staff - news editor Nash Rahman, chief sub-editor Chuah Siew Eng and sub-editors R Ananda Krishnan and Chow Chui Lin.
The police are investigating Gan (
photo
) and the letter writer, nicknamed 'Petrof', under the Sedition Act and if charged and convicted are liable to a fine not exceeding RM5,000 or imprisonment for up to three years, or both.
Gan had refused to divulge the writer's identity, citing professional ethics.
The police have since returned 15 of the 19 computers seized during the controversial raid, but have yet to release the four remaining servers.
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