Apandi sues Kit Siang for RM10m over 1MDB remarks

Modified 15 Jul 2019, 9:04 am

Former attorney-general Mohamed Apandi Ali is seeking RM10 million in general damages from Lim Kit Siang over the latter's remarks concerning his role in the 1MDB scandal.

In his statement of claim, Apandi said the DAP veteran's remarks, published in Malaysiakini on May 6, gave the impression that the former attorney-general “aided and abetted” the scandal.

Apart from this, Apandi said Lim's remarks also implied that he was:

  • Someone who was involved in criminal activities.
  • Someone who is not ethical and immoral.
  • Someone who lacked responsibility and other professional ethics to hold the post of attorney-general at the material time.
  • Someone who abused or neglected his duties and responsibilities as the attorney-general.
  • Someone who practised double standard in the execution of his duties and responsibilities, especially as attorney-general at the material time and as an individual in general.
  • Someone who was incompetent, lacked the knowledge and expertise to hold the position of attorney-general at the material time.

In referring to Lim's statement, which was published as an 'MP Speaks' in Malaysiakini under the title “Dangerous fallacy to think Malaysia's on the road to recovery”, Apandi also described the news portal as influential with a huge following.

In the statement of claim, filed by Saibullah MV Nathan & Co, the plaintiff pleaded that the defendant's remarks were “false, lies and serious libel against the plaintiff.”

Apandi also pleaded that the writing and/or publishing of the defendant's libellous remarks are:

  • Totally untrue, hurtful, specious, fallacious, confusing and completely unwarranted.
  • It was extremely careless, impulsive and ill-intentioned as well as written and published with the aim of tarnishing his image and exposing him to hatred, insults, abuse and ridicule among Malaysians in general.
  • It was untrue and mala fide, aimed at soiling Apandi's good name, and that the defendant twisted facts to suggest that the plaintiff committed moral and legal wrongdoings for the purpose of cheap publicity and/or sensation as well as other ill intentions towards the plaintiff.
  • It was done to ruin, concoct stories and cause damage to the plaintiff's good name and character.

Apandi argued that following the publication of Lim's remarks, many or all Malaysians were now aware of the article and that it had been shared by many through social media platforms and WhatsApp.

The plaintiff pleaded that Lim is the person responsible for writing and/or publishing the libellous remarks in the article.

Letter of demand sent on June 13

According to the law firm, a letter of demand was sent to Lim on June 13 to correct the libel, to retract his remarks, as well as to make a public apology, which was to be published in all major news organisations for a minimum of three days.

However, the firm said up until the writ of summons was filed this month, Lim had failed, refused and/or neglected to take any action or effort to fulfil the plaintiff's demands.

“The plaintiff pleads that as a result of the article, the plaintiff suffered enormous grief and utmost embarrassment among his family, acquaintances, professionals in the legal field and Malaysians in general...

“The plaintiff pleads that since the defendant has failed, refused and/or neglected all of the plaintiff's abovementioned demands, there is a serious risk that the defendant would continue to write and publish the libel unless he is stopped,” it added.

Apart from the RM10 million in general damages, Apandi is also seeking:

  • Aggravated damages;
  • Exemplary damages;
  • An injunction to prevent and/or stop Lim, his subordinates and agents and other parties to continue writing and/or publishing, allowing and/or causing the publication of libel against the plaintiff;
  • Costs;
  • An interest of five percent a year from the date of filing the writ of summons on the judgment amount until the date of the full settlement; and
  • Other reliefs deemed fair and appropriate by the court.

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