Albert sues SMM for 'defamation' over viral jet photo statement

Summary

• Albert Tei files a defamation suit against SMM, claiming its July 21 statement falsely linked him to a political conspiracy and document tampering.

• He seeks damages, an injunction, and a court-ordered apology, while considering further legal action.

• The dispute stems from a viral photo of SMM officers with a private jet, which has sparked political scrutiny and parallel lawsuits.

Businessperson-turned-whistleblower Albert Tei has filed a defamation suit against Sabah Mineral Management Sdn Bhd (SMM) over the latter’s statement allegedly implicating him in the circulation of a photo of the company’s officers with a private jet.

In a statement today, Tei said that he is working with his legal counsel in considering further defamation proceedings against SMM.

"By way of innuendo, SMM’s statement falsely suggested that I was somehow involved in, or associated with, a politically motivated conspiracy to damage the reputation of SMM and its CEO.

"Further, the statement carried the innuendo that I am untrustworthy and had colluded with the former CEO to tamper with official documents," he said.

According to the statement of claim sighted by Malaysiakini, Tei is claiming an unspecified amount in general damages for libel and/or defamation and aggravated and exemplary damages.

He is also claiming an injunction to restrain SMM from publishing similar statements against him, as well as a mandatory court order for the defendant to publish an apology and a retraction.

The statement of claim identified the allegedly defamatory statement as part of SMM's statement titled "SMM denies baseless allegation in viral jet photo, confirms full transparency and initiation of legal action where necessary" issued on July 21.

The impugned statement reads, "SMM has reasons to believe that the sudden re-emergence of this issue could be politically motivated as they are linked to an ongoing legal proceedings that SMM has commenced against Jontih Enggihon and businessperson Albert Tei – whereby the duo are being sued for, among others, fraud, breach of fiduciary duty, tampering with official documents, and conspiracy to injure.

"The current wave of public allegations appears to recycle issues already under judicial scrutiny and may be part of a broader campaign to damage the company and its officers."

Tei’s demands

On July 28, Tei demanded that SMM retract its statement through a legal letter from law firm Kian Ming Advocates & Solicitors.

The letter also demanded that the company publish a public apology in major newspapers and pay an unspecified amount for allegedly damaging Tei’s reputation and causing him embarrassment and distress.

Enggihon, SMM’s former CEO, made a similar move, claiming that the company's statement had defamed him and demanded RM10 million in damages.

Tei said he had fully cooperated with the authorities over the issue.

"While SMM has filed a civil suit against me - which remains ongoing - the public statement made on July 21 is misleading, prejudicial, and sub judice to the case presently before the courts.

"This publication has severely and unjustly affected my reputation. I will not compromise my integrity nor allow baseless allegations to stand unchallenged," he added.

Controversial image

Earlier last month, a photo of SMM CEO Natasha Sim, company secretary Emily Chong, and Sabah timber tycoon Elbert Lim standing next to the jet went viral.

This led to several Sabah politicians questioning the purpose of the trip and whether it involved corruption or a conflict of interest.

SMM released a statement denying any wrongdoing, adding that the photo was originally taken in August 2024 as part of a working visit to Indonesia.

SMM’s lawsuit last year alleged that Enggihon and Tei had committed fraud, breach of fiduciary duty, tampering with official documents, and conspiracy to injure.

In the wake of the lawsuit, Enggihon lodged a police report in November last year alleging that Sim accepted a jet trip without disclosing it to SMM’s management or board.

He claimed the trip was estimated to cost RM400,000 and allegedly involved Sim, her husband, Lim, and Lim’s two children.

Sim had denied the allegation, while SMM maintained that an internal investigation did not find any wrongdoing.

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