Audience incited me to use alleged slur against minister, says Azwanddin
Jaringan Melayu Malaysia (JMM) president Azwanddin Hamzah (photo, above) claimed he had merely mentioned the word "p****h" in passing because he had been goaded by the audience at a public gathering in December last year.
According to a copy of Azwanddin's defence statement against a defamation suit filed by Minister in the Prime Minister's Department P Waythamoorthy, Azwanddin claimed that he was merely repeating what he heard from the crowd in the gathering...
Jaringan Melayu Malaysia (JMM) president Azwanddin Hamzah (photo, above) claimed he had merely mentioned the word "p****h" in passing because he had been goaded by the audience at a public gathering in December last year.
According to a copy of Azwanddin's defence statement against a defamation suit filed by Minister in the Prime Minister's Department P Waythamoorthy, Azwanddin claimed that he was merely repeating what he heard from the crowd in the gathering.
"The defendant (Azwanddin) states that the word "p****h" mentioned in the heat of the moment, [...] he (beliau) was incited (dihasut) by the audience more than once, and that he was merely saying what he heard from the audience.
"The statements did not refer to the plaintiff (Waythamoorthy) himself as a person or minister or "low life" as claimed, but was referring to the perception of the plaintiff that was created by the media or the public in regard to his actions and words, and in terms of the background or history of the sensitive issues of race, religion, (and) basic human rights.
"The defendant states that the word ‘p****h’ is not the essence of the speech but was only mentioned in passing on the incitement (hasutan) and goading (pendorongan) of the audience," states the statement of defence against the suit by the minister in charge of National Unity and Wellbeing.
Azwanddin said that if the statements had been defamatory, then he is protected by the defence of qualified privilege.
He said this is because he has legal, moral and social responsibilities to the public in his capacity as president of JMM, a non-governmental organisation that seeks to uphold the Malay community and their rights as well as that of the bumiputera, the sovereignty of the royal institution in Malaysia and the Federal Constitution.
Azwanddin said Waythamoorthy (photo) should be open to being watched and general critique as public interest requires him to be receptive to criticism.
He said his communication was reasonable in every circumstance and its dissemination is not wider than the views expressed by Waythamoorthy in a political capacity.
The defendant said that critique and ways of expression in a political discussion over any weakness of a leader are in line with the defence of qualified privilege.
In the event that the disputed statements had been defamatory, then it is to be regarded as fair comment of public interest and made bona fide without malicious intention.
Azwanddin claimed that he harboured no evil intention against the plaintiff because Waythamoorthy’s speech was made with the main intent of informing about injustice in the death of firefighter Muhammad Adib Mohd Kassim from injuries sustained in the Seafield Temple riots on Nov 27 last year.
'Words had been taken out of context'
He alleged that the words of his speech had been taken out of context to appear negative, especially when republished by online news media like Malaysiakini and New Straits Times, among others.
"The defendant denied that there had been a republication of his words in Malaysiakini or New Straits Times but that what was published was a version that is not correct and not accurate compared to the actual speech.
"The defendant does not at all have any control or influence over the content published on websites and the defendant was also not contacted for comment before the publication," the defence statement said.
Azwanddin reiterated that he did not obtain any pecuniary or other forms of benefit from the publication of the disputed statements.
He added that he is not responsible if others - such as reporters, newspapers and media broadcasting stations - had published the statements as they had taken those steps on their own accord.
The High Court in Kuala Lumpur today has fixed Aug 16 for the first day of hearing on the lawsuit into the alleged racial slur.
Lawyer Annou Xavier (photo), who is acting for Waythamoorthy, confirmed that judge Rohani Ismail fixed the hearing date during case management of the matter in her chambers today.
“Aug 16 this year has been set for hearing of the suit before Justice Rohani,” he said. Lawyer Sarah Abishegam appeared for Azwanddin.
Neither Waythamoorthy nor Azwanddin were present in court.
On March 13, Waythamoorthy filed a defamation suit against Azwanddin over an alleged racial slur uttered by the latter during an assembly organised by Gerakan Rakyat Malaysia (Geras) at Dataran Seni Klang in December last year.
The lawsuit was filed in the High Court in Kuala Lumpur on Feb 13, through the legal firm Messrs Azri Lee Swee Seng & Co.
In the statement of claim, Waythamoorthy, 53, alleged that Azwanddin, 46, had used defamatory words against him in a speech at the assembly organised by Geras on Dec 25 last year and the words were republished by print media and on the internet.
He claimed that the alleged defamatory words, which he said were untrue, derogatory, malicious, uncalled for, mala fide, bereft of any truth, reckless, deliberate and premeditated, were downloaded on Azwanddin's Facebook page and had received 187,912 views; 4,705 likes; 943 shares and 362 comments as on Feb 8, 2019.
He said the alleged defamatory words had caused him harm and embarrassment and were seriously prejudicial to his reputation, and as a result, his good name was tarnished.
He is seeking an injunction to prevent Azwanddin, or his agents, from repeating the alleged defamatory words, as well as general, exemplary and aggravated damages, costs and other relief that the court deems fit.
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