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Temerloh court to hear Pahang govt suit against activist over logging issue
Lawyer Rajesh Nagarajan said that the Temerloh court last year had dismissed the application by the defendant, Peka's founder and ex-president Shariffa Sabrina Syed Akil, to transfer the civil action to the Kuala Lumpur High Court.
The Pahang government’s defamation suit against an environmentalist over logging issue in the state would remain at the Temerloh High Court.
Lawyer Rajesh Nagarajan said that the Temerloh court last year had dismissed the application by the defendant, Peka’s founder and ex-president Shariffa Sabrina Syed Akil, to transfer the civil action to the Kuala Lumpur High Court.
“The (transfer) application was dismissed on Sept 30 last year,” the counsel told Malaysiakini this afternoon, adding that the Temerloh court has issued written grounds of judgment over the decision.
Rajesh further added that the Temerloh High Court has also set Jan 25 for further case management, and that trial dates have yet to be fixed for the matter.
On July 12 last year, Rajesh reportedly said that Shariffa Sabrina (above) sought to transfer the civil suit, due to the material facts behind the legal action purportedly taking place while she was in Kuala Lumpur.
On April 7 last year before the Temerloh High Court, the Pahang government filed a defamation suit against Sabrina over three statements on logging activities in the state.
Previously, the Pahang government issued a letter of demand for her to pay RM1 million in compensation and tender an apology over her comments carried on her Facebook page and an interview with a local daily.
Under the law, a civil action could be mounted in court if the receiver of the legal letter fails to abide by its demands.
The plaintiff alleged that Shariffa Sabrina failed to abide by its letter of demand which sought for her to pay RM1 million in compensation and make an unconditional apology on her Facebook page.
The Pahang government claimed that the defendant made defamatory statements on her Facebook page on Dec 29 and 30 2021, as well as during her interview with Sinar Harian on Jan 12 last year.
The plaintiff claimed that Shariffa Sabrina’s comments implied that it lacked transparency in permitting logging activities in Pahang.
The state administration also alleged that her statements insinuated the floods which hit Pahang in late 2021 were caused by alleged rampant logging.
Through the civil action, the Pahang government seeks RM1 million in special damages; aggravated and exemplary damages, and a five percent interest on the awarded sum from the date of the lawsuit until full settlement.
Raising awareness of conservation matters
The plaintiff also seeks an injunction to prevent the defendant from further repeating the alleged defamatory statements; a written apology to be published on social media; costs; and any other relief deemed fit by the court.
Meanwhile, in Shariffa Sabrina’s statement of defence filed on May 23 last year, the environmentalist countered that a state government cannot be defamed and its actions should be open to criticism from the people.
She contended that her statements were fair comments as they could be made honestly and reasonably by any fair-minded person based on true facts, in line with the right to freedom of speech and expression under Article 10(1)(a) of the Federal Constitution.
Shariffa Sabrina claimed that she constantly used her Facebook page to disseminate facts and raise awareness on environmental issues and the importance of safeguarding and conserving the environment.
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