Egg import suit: Azmin says never mentioned company's name

Hulu Kelang assemblyperson Azmin Ali testified that his political ceramah was merely asking what was the role of businessperson Deepak Jaikishan in the issue of egg import from India.

The Bersatu leader in his witness statement that his speech during a ceramah on March 11 last year did not even mention the name of the company J&E Advance Tech Sdn Bhd.

The company is suing him over an allegation of impropriety in the plaintiff being allowed by the government to import eggs from India.

According to Azmin’s witness statement taken as read by the Kuala Lumpur High Court today, the former international trade and industry minister said he raised the question as there was an alleged photograph that went viral on social media last year purportedly showing Deepak with Agriculture and Food Security Minister Mohamad Sabu (Mat Sabu).

The photograph purportedly showed Deepak with Mohamad together on a flight to India as well as riding the same buggy in the South Asian nation.

“In any case, my speech was referring to the Malaysian government’s decision and process in the egg-import tender from India.

“I did not at all mention the plaintiff (J&E Advance Tech) in the speech. In fact, I did not state or describe that a company had obtained an import permit from India.

“On the contrary, I was only asking about the role of Deepak in light of news about Mat Sabu and Deepak being seen going to India going viral a day before my speech,” Azmin said.

July 25 for oral submissions

During cross-examination by the plaintiff’s counsel T Gunaseelan, the Perikatan Nasional information chief reiterated that his ceramah remark was linked to Mat Sabu’s statement in Parliament earlier last year.

On March 8 last year during his Dewan Rakyat winding-up speech on the 2023 Supply Bill, Mat Sabu said J&E Advance Tech was given a permit to import eggs from India for the short term, to deal with the product shortage in Malaysia at the time.

The minister said the award given to the company was not through an open tender as the long-standing issue of egg shortage required immediate action by the administration.

At the end of proceedings, judicial commissioner Leong Wai Hong set July 25 for oral submissions from legal teams for both sides.

Leong directed parties to address in their written submissions to be filed whether Azmin - who is a lawmaker - is protected by the defence of qualified privilege for the speech and whether the Bersatu state opposition leader has the right to raise the issue of governance in the procurement process.

Early last year, the company filed a defamation action over Azmin’s speech.

In his statement of defence, Azmin denied trying to defame the egg-importing firm, stating that he was just questioning the Anwar Ibrahim administration’s promise for an open tender for all government procurement.

The defendant noted that his speech never mentioned the company’s name and was referring directly to the government and Deepak.

In the company’s reply filed on Aug 11 last year, the plaintiff countered that Azmin’s statement was defamatory at the beginning of his speech and in the later portion as it made an allegation that certain quarters were involved in malpractice, which in the minds of any reasonable listener would indirectly refer to the company.

J&E Advance Tech said despite Azmin’s speech not naming it, the company pointed out that it is general knowledge that the plaintiff is the sole importer of eggs from India, courtesy of Mohamad mentioning its name in Parliament on March 8 last year.

Through the civil action, the plaintiff is seeking unspecified general, compensatory, aggravated, and exemplary damages.

The firm seeks an injunction to prevent Azmin from further defaming it, as well as five percent interest on any judgment sum awarded, costs, and any other relief deemed fit by the court.

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