Terengganu Menteri Besar Ahmad Said can sue PAS Batu Buruk assemblyperson Dr Syed Azman Syed Ahmad Nawawi and PAS’ newsletter Harakah over an alleged defamatory article relating to the state’s purchase of school uniforms and stationery for poor schoolchildren in the state, the Court of Appeal in Putrajaya ruled today.

ahmad said mb terengganu 100409 A three-member panel comprising Justices Mohd Hishamudin Mohd Yunus, Abdul Aziz Abdul Rahim and Mohamad Ariff Md Yusof unanimously allowed Ahmad’s appeal to set aside High Court decision which struck him out as a party in the suit.

Justice Mohd Hishamudin held that it was premature to strike out the second plaintiff in the suit (Ahmad) without the benefit of a full trial.

He ordered the case to be remitted to the Kuala Lumpur High Court for trial before another judge.

Justice Mohd Hishamudin also fixed Jan 23 for case management of the matter at the High Court.

The court accepted Ahmad’s lawyer Abu Bakar Jais’ submission that Ahmad, who is a public official, could file legal action for defamation in his official capacity as the menteri besar.

Meanwhile, the same panel upheld the decision of the Kuala Lumpur High Court which struck out the Terengganu government as a party in same suit.

High Court judge Yeoh Wee Siam had held that the Terengganu government did not have the legal right to proceed with a suit against Dr Syed Azman, Harakah ’s permit owner Mustafa Ali, its chief editor Ahmad Lutfi Othman and printer Angkatan Edaran Enterprise Sdn Bhd.

On Dec 15, 2011, the Terengganu government, Ahmad, Mek Hawa Abdul Rahman and Hamie Azreen Ami Nordin, who were given the contracts for the supply of school uniforms and stationery, had filed the suit against the four respondents.

In their statement of claim, they claimed that Syed Azman had defamed them through an article with the title ‘ Seleweng RM30 juta Bantuan Sekolah’ (Embezzlement of RM30 million in School Aid) which was published in PAS’ organ, Harakah , in its Nov 11-13, 2011 issue.

They sought general, special, aggravated and exemplary damages, costs and an injunction to prevent the respondents from continuing to publish the alleged defamatory article.

High court allowed preliminary objection

On July 23 last year, the High Court allowed a preliminary objection raised by the four respondents to strike out the Terengganu government as a party in the suit on grounds that the state government did not have locus standi to proceed with the suit.

On Aug 28, last year, the same High Court also struck out Ahmad as a party to the suit against the four respondents.

Lawyer Abu Bakar also represented the Terengganu government while the respondents were represented by lawyer Azhana Mohd Khairudin.

- Bernama