Gagasan leader rejects Albert's apology demand, set for legal battle

Gagasan Rakyat Sabah (Gagasan) information chief Nizam Abu Bakar Titingan has rejected controversial businessperson Albert Tei’s letter of demand issued last week, stressing that his lawyers were prepared to defend him against Tei's lawsuit.

In a statement last night, Nizam (above), who is also assistant minister in the Sabah Chief Minister’s Department, insisted that his remarks against Tei were a matter of public interest, and that the factual basis for his comments was also a matter of public record.

“(Nizam) stands by his duty to speak on matters of vital importance to the people of Sabah and will fully justify his statements at the appropriate forum.

“It is a fundamental principle that a defamation action requires a reputation to protect. Given the serious charges and legal admissions already on the public record, the claim of a damaged reputation is without merit,” said the statement, written in third person.

On Oct 27, Tei issued the Gagasan leader a letter to cease and desist, demanding that Nizam issue a formal apology and retract his statements, which were initially published in Free Malaysia Today on Oct 24.

He had then argued that the former had been the mastermind behind the Sabah mining scandal and that he had applied for licences to mine close to one million hectares of land via 20 different companies.

Tei's counsel, Abd Halim Ushah & Associates, further added that they would proceed with legal action against Nizam if he did not fulfil these demands in the next seven days.

Controversial figure

In response, Nizam painted Tei as a figure mired in controversy, alleging that the businessperson’s claims were unsubstantiated and pointing to his “serious legal and ethical issues.”

He portrayed Tei as someone facing court charges for allegedly offering bribes, being sued by Sabah Mineral Management Sdn Bhd for fraud and conspiracy to injure, and whose self-proclaimed status as a whistleblower in the Sabah mining scandal had been publicly dismissed by the MACC, which claimed he, too, was implicated in the offence.

“Should legal proceedings be initiated, this lack of reputation will be fully adjudicated before the court,” Nizam added.

He stressed that he remains steadfast in his commitment to protect the interests of Sabahans from individuals seeking to undermine the state government and its agencies.

Nizam has also instructed his counsels to defend against any claims and to file counterclaims against the businessperson.

Monetary compensation

In his letter last week, Tei also requested monetary compensation, among other demands, for the loss and damage to his reputation caused by the statement, alongside asking Nizam to provide a written undertaking not to repeat the statement or anything of a similar nature again.

He had also demanded that FMT take down the stories from their website and social media pages.

Through his counsel, Tei further claimed that Nizam had deliberately made the statements in leveraging his official position in the Sabah government, as well as his position as Gagasan spokesperson.

The businessperson stressed that the statements were calculated attempts to mislead the public into believing the allegations were supported or endorsed by Sabah’s government, which thereby creates an impression of official confirmation of the false allegation.

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