Egg importer fails in defamation suit against Azmin

The Kuala Lumpur High Court ruled that former international trade and industry minister Azmin Ali had not defamed an egg importer.

Judge Leong Wai Hong dismissed a defamation suit against the Selangor assemblyperson filed by J&E Advance Tech Sdn Bhd.

The company was suing over the allegation that it obtained a contract via direct negotiation with the government to import eggs from India.

Leong ruled that Azmin’s (above) statement only referred to businessperson Deepak Jaikishan, and did not mention the stated plaintiff of the suit, namely the company.

The judge noted that Deepak is not even a shareholder or director in the firm.

However, it should be noted that the businessperson’s brother Rajesh Jaikishan is the company’s general manager.

“I am of the view it would be unreasonable for a person to believe that the plaintiff was mentioned in the statement.

“The defendant mentioned Deepak’s name many times. Deepak is neither a shareholder nor director of the plaintiff,” Leong said.

The judge ruled that not all the elements to prove a defamation suit were fulfilled in the civil action.

The three elements are that the statement was published to another person, that the statement refers to the plaintiff, and that the statement is defamatory, whether in its ordinary meaning or via innuendo.

The judge also ordered the company to pay RM50,000 in costs to Azmin.

After open-court proceedings, the company’s lawyer Bhavanash Sharma told the media they would appeal to the Court of Appeal.

Azmin denies defaming firm

J&E Advance Tech filed the suit in early 2023 over Azmin’s speech during a ceramah on March 11 of the same year.

In his statement of defence, the former Selangor menteri besar denied trying to defame the egg-importing firm, saying he was merely questioning the Anwar Ibrahim administration’s promise it would use open tenders for 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 the beginning and latter portions of Azmin’s speech were defamatory.

The firm claimed there were allegations 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 not being named in Azmin’s speech, it was general knowledge that the plaintiff is the sole importer of eggs from India, courtesy of Agriculture and Food Security Minister Mohamad Sabu mentioning its name in Parliament on March 8, 2023.

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

The minister said the award given to the company was not through an open tender as the shortage required immediate action by the administration.

Through the civil action, the firm was seeking unspecified general, compensatory, aggravated, and exemplary damages.

The company sought 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.

Lawyer Nizamuddin Abdul Hamid appeared for Azmin.

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