31 October 2018
The High Court in Kuala Lumpur today found Sungai Besar Umno division chief Jamal Yunos guilty of defaming former Bersih chairperson Maria Chin Abdullah and ordered him to pay RM300,000 in damages.
In his judgment, Justice Mohd Zaki Abdul Wahab said that he found Jamal guilty as he had failed in his defence of qualified privilege.
The judge found that the allegation had lowered Maria’s reputation as Jamal does not have the moral or legal duty to make such allegation.
“His defence of fair comment failed to provide the facts asserted and to prove the facts to support his claim.
“The court orders the defendant (Jamal) to pay RM300,000 in damages,” Justice Zaki ruled.
In addition to this, the court also ordered Jamal to pay RM40,000 in costs.
Lawyers N Surendran and Latheefa Koya appeared for Maria, while Nasir Yusof and V Mugunthan represented Jamal.
23 July 2018
‘This is court’. Judge raps Jamal Yunos over bald claims in Maria Chin suit
KUALA LUMPUR, July 23 — A judge reminded Sungai Besar Umno division chief and head of the so-called “Red Shirts” Datuk Seri Jamal Yunos today that he cannot simply make claims without evidence in court.
Jamal was testifying in his defence against a defamation lawsuit by former polls reform group Bersih 2.0 chairman Maria Chin Abdullah, but was reminded repeatedly by the judge that he must back up his comments with evidence.
“This is court; we cannot make statements without proof,” High Court judge Datuk Mohd Zaki Abdul Wahab told Jamal.
The judge informed the junior Umno leader that court proceedings were unlike chats in coffee shops where evidence may not be required.
Jamal earlier claimed he had referred to various authorities including the Registrar of Societies and found Bersih 2.0 to be unregistered, but the judge reminded him that he must show evidence before his claims of having done so will be considered.
“When you make allegations against somebody, you must remember this is court you need to prove it,” the judge reiterated.
Jamal, who is the fourth and last defence witness, was seen in court today wearing a black suit and dark blue shirt along with a black songkok or Muslim headgear.
He was brought in handcuffed as he was denied bail earlier this month pending a separate trial for allegedly fleeing police custody.
Throughout his cross-examination today by Maria’s lawyer, N. Surendran, Jamal repeatedly said he did not have with him in court the documents or evidence to support his allegations and allegedly defamatory statements.
Here is my legal team and I during my defamation suit against Jamal Yunos today.
Bersih suit – Jamal withdraws application to call ex-IGPs
Sungai Besar Umno division chief Jamal Md Yunos has withdrawn his application to call two former inspectors-general of police namely Hanif Omar and Abdul Rahim Noor to testify in his defence over former Bersih chairperson Maria Chin Abdullah’s defamation suit against him.
Jamal’s lawyer Mohamed Fauzi Abd Samad informed Kuala Lumpur High Court judge Justice Mohd Zaki Abdul Wahab of the application’s withdrawal today.
Durin the case’s last hearing, Jamal’s lawyers applied to call additional witnesses to testify in his defence despite not identifying these as the two former IGPs.
Lawyer Laatheefa Koya appeared for Maria. Today had initially been fixed for hearing of Jamal’s application to subpoena Hanif and Rahim.
Following the withdrawal of the application, the continuation of the trial has been fixed on May 24.
Dr Mahathir Predicted Bersih 2.0 To Be Violent
Published on Wednesday, 07 March 2018 22:08
KUALA LUMPUR — Former prime minister Tun Dr Mahathir Mohamad today admitted he had issued a statement predicting that a rally organised by Bersih 2.0 would be more violent.
The Parti Pribumi Bersatu Malaysia (PPBM) chairman, who is a defence witness, testified in the High Court here that the statement was posted on his personal blog in early May 2012.
“I confirm that I have made the statement and it was my opinion at that time,” he said during examination-in-chief by counsel Mohamed Nasser Yusof representing Sungai Besar UMNO chief Datuk Seri Jamal Md Yunos in a suit filed by Clean and Fair Elections Steering Committee (Bersih 2.0) chairman Maria Chin Abdullah for linking the movement with terrorist group Daesh.
However, during cross-examination by lawyer N. Surendran representing Maria, Dr Mahathir admitted that the perception had changed after he himself attended the Bersih 4.0 and 5.0 rallies because they seemed peaceful.
Earlier, Dr Mahathir, who was Home Minister, also told the court that ‘Ops Lalang’ was launched in 1987 and 106 individuals were detained under the Internal Security Act (ISA) including Maria’s husband, Yunus Ali.
To a question from Mohamed Nasser on whether he had directed Yunus to be arrested, the second defence witness said: “I act on the information given by the special branch personnel to me”.
Dr Mahathir explained that it had been the government’s policy to take action against anyone involved in riot or who posed a threat to the country.
There’s proof 2012 Bersih rally aimed at toppling govt, says ex-IGP
FORMER Inspector-General of Police Khalid Abu Bakar told the Kuala Lumpur High Court today there is evidence that the Bersih 2.0 steering committee, in organising a 2012 rally, aimed to topple the government.
The then top cop said the Bersih 3.0 rally, held on April 28, 2012, was initially aimed at ensuring clean and fair elections, but turned unruly and got out of control, resulting in damage to government property.
“Their (participants’) objective was clear: to topple the government through other means,” he said during examination-in-chief by lawyer Mohamed Nasser Yusof, representing Sungai Besar Umno leader Jamal Md Yunos in a defamation suit filed by former Bersih chairman Maria Chin Abdullah.
Asked by lawyer N. Surendran, representing Maria, to provide proof, Khalid said the action of holding a large gathering and inciting the public was evidence of this.
“That is not the way to assemble, by saying that elections in the country are not clean and giving politically charged speeches.”
He said Maria, who was the rally organiser, neither respected the law nor heeded the advice by authorities during the event.
24 January 2018
ISA swoop in 1987 caused by Umno Youth, MCA Youth, says Anwar
According to press reports, MCA Youth had raised a number of sensitive issues, such as questioning the New Economic Policy and the political dominance of the Malays.
In particular, in early November 1986, Selangor MCA, which was led by Lee, passed a resolution at its annual convention calling on the government to review the Sedition Act and make it an offence to call any of the three major races immigrants or “pendatang”.
MCA and Lee also joined a protest rally with DAP objecting to the appointments of senior assistants and supervisors without qualifications in Mandarin in Chinese primary schools.
The press reports said Umno Youth interpreted this as challenging the Bumiputera status of Malays, which led to calls for Lee’s sacking by members and the withdrawal of his datukship by the Sultan of Selangor.
Ops Lalang sparked by Umno Youth, MCA clash, says Anwar
OPPOSITION leader Anwar Ibrahim has revealed that the detention and incarceration of more than 100 political leaders and activists during Operasi Lalang in 1987 was due to the strain in racial relations caused by Umno Youth and MCA.
Anwar said most of the 106 people who were detained under the Internal Security Act were not involved in sparking racial tensions at that time.
Operasi Lalang, known as Ops Lalang, is the second biggest mass arrest since the May 13, 1969 racial riots and also saw the revocation of two dailies and two weekly newspapers’ publishing licenses.
“What led to Operasi Lalang in 1987 is the clash between Umno Youth and MCA, which led to racial unrest,” Anwar said at the Kuala Lumpur High Court today.
“At that time, (prime minister) Najib Razak was Umno Youth chief while MCA was led by Lee Kim Sai,” he said.
Anwar, who was then education minister and Umno vice-president, urged then prime minister Dr Mahathir Mohamad to release some of the ISA detainees.
“After the arrests were made, on Sunday, I went to Dr Mahathir’s home at Seri Perdana and appealed for those who were innocent to be released.”
Anwar said then finance minister Daim Zainuddin witnessed the incident.
“I asked Dr Mahathir to free those who were not involved.
“Dr Mahathir said, ‘Anwar, security issues is under national security, it’s best we leave it to the police and special branch,” said Anwar.
Dr Mahathir was also the home minister at that time.
Anwar also told the court that he was once actively involved in student movements with Yunus during his days at Universiti Malaya in the 1970’s.
He said that they, along with another activist, Hishamuddin Rais, organised a demonstration in Kuala Lumpur on December 3, 1974. – January 24, 2018.
Saya secara peribadi mengenali Yasser Arafat. Saya hadir dalam persidangan PLO pd tahun 1983 sebagai seorang Menteri Kabinet – Anwar Ibrahim
“Saya amat mengenali Yunus Ali. Beliau merupakan seorang aktivis mahasiswa yang amat tegas dalam melawan rasuah, isu kemiskinan dan juga isu nasional. Yunus juga seorang yang aktif berkempen utk isu Palestin – Anwar Ibrahim
Saya menuntut di Universiti Malaya dari tahun 1967-1971. Pada ketika itu, saya aktif dalam gerakan mahasiswa – Anwar Ibrahim
Justice Mohd Zaki Abdul Wahab today dismissed Mahathir’s application to set aside the subpoena served on him by Jamal.
The High Court judge ruled in his chambers that Mahathir is a relevant witness following his comments on Bersih 3.
“He is also the home minister when Maria’s husband Yunus Lebai Ali was detained under the Internal Security Act in 1987,” the judge said.
This was confirmed by Mahathir’s lawyer Ilyani Khuszairi and Jamal’s lawyers, Mohd Nasser Yusof and V Mugunthan.
The court has fixed Jan 24 for Anwar to testify as Maria’s witness and March 7 to 9 for the defence.
PLO not a terrorist organisation, Hisham Rais tells court
Hishamuddin, 67, who was testifying as a witness in Bersih chairperson Maria Chin Abdullah’s defamation suit against Jamal at the High Court in Kuala Lumpur, admitted he knew Maria’s husband, the late Yunus Lebai Ali, who joined the PLO in 1977.
The witness told the court that he joined the organisation on two occasions – in 1975, where he stayed for several months and left, and then in 1977 until 1978.
Hishamuddin and Yunus (photo) were students at Universiti Malaya and members of the university’s socialist club.
Meeting with Chin Peng
Hishamuddin also testified that he, along with Yunus, had met Parti Komunis Malaya secretary-general Chin Peng in Beijing during the 1980s.
The activist, who was once part of the Bersih steering committee, denied that he supported communism.
Hishamuddin also admitted that he was detained under the Internal Security Act (ISA) in 1995, and again in 2001 for participating in the Reformasi movement.
15 January 2018
37/ The court will resume tomorrow at 9.30am.
36/ Maria’s counsel has asked if they can bring in Datuk Seri Anwar Ibrahim on Thursday as a witness, if his health improves.
35/ The defence established that a comment made by Maria during an interview in reaponse to the threat made by Jamal, could be taken to mean that Jamal Yunos is capable of violence.
34/ The defence asks if Maria has taken civil action against newspapers who published articles regarding BERSIH’s alleged involvement with ISIS dan Daesh.
33/ “The damage is done to BERSIH and to my name.”
32/ The defence asks ‘What are the damages caused by the statements made by Jamal?’
31/ Yunus Ali, representing ANFREL (an independent organisation), went to observe the very first elections in Afghanistan, and did not travel there under PLO.
30/ The defence asks Maria if she was aware that Yunus Ali, her late husband, wanted to travel to Iraq, the birth place of ISIS and Daesh. Maria replies saying that he may have wanted to go and visit Iraq, and that is not wrong.
29/ When asked if Maria’s late husband endorsed guerilla tactics embraced by PLO, Maria said that she does not understand what is meant by the guerilla in this context, and that the defence refer yo sources that are not from Wikipedia.
27/ Going back to cooperation with regional bodies working on electoral integrity, the defence questions Maria regarding her involvement with NIEI in the late 1980’s.
26/ In a response, Maria says that the charges against her late husband in the paragraph read out by the defence, was false as there were no evidence to substantiate these charges.
25/ Maria says that her husband was not a fugitive of the law but rather an activist
24/ Maria said that her husband left the country because he wanted to avoid persecution as he was championing Freedom of Expression.
23/ The defence asks Maria if she can confirm that her late husband was once a member of PLO.
22/ The judge once again tells the defence to differentiate fact from statement.
21/ The cross examination continues. However, the judge disallows the first question by the defence, stating that it is inconsequential.
Unbelievable! Jamal’s lawyer asked Maria if she agrees that docs he gave to cops prove Bersih has links to Daesh/IS.
Judge is majorly irritated with Jamal’s lawyers for not sticking to agreed facts. Malay lawyer now cross-examining since he can speak BM.
Jamal’s lawyer got scolded by judge for not questioning in BM. Gets 10 mins to translate questions. Now other lawyer asking. Kinda ironic that Jamal’s lawyer can’t speak BM.
Apparently Jamal has subpoenaed my Dad as HIS witness!!
20/ The defence attempts to claim that Jamal’s statement regarding BERSIH 5 surrounding the airport is justified given BERSIH’s connection to ANFREL and MAFREL.
19/ ANFREL and MAFREL are organisation that monitor elections.
18/ Maria was asked if she worked with both MAFREL (Malaysia For Free Elections) and ANFREL (Asia For Free Elections), to which ahe replies that BERSIH worked with MAFREL during GE13.
17/ The defence counsel’s line of questioning suggests that Maria’s lawsuit against the defendent is discriminatory, and based on personal hate.
16/ The defendent suggests that Maria holds vengeful enmity against the defendent, Jamal Yunos.
15/ Maria responds to say that she did take legal action to challenge the validity of her arrest but was released from detention a day before the hearing.
14/ Maria does not agree with the former IGP that her arrest under SOSMA had nothing to do with the bersih rally but based on documents found during the raid.
13/ Maria does not agrees that the documents submitted by the defendent to the police led to her arrest under SOSMA.
12/ The judge interrupts the defence to remind him that Maria’s detention under SOSMA is not being disputed.
11/ The defendents’ lawyers ask Maria if she is familiar with a list names which he recites, and reveals to be members of Jemaah Islamiyah. Maria responds with a resolute ‘NO’.
10/ Maria is asked if she is aware about SOSMA, to which she responds that she is and tgat she was detained under that law.
7/ In the cross examination, Maria is asked the question if BERSIH 2.0 is registered under the Registrar of Societies (ROS).
7/ Maria explains that while BERSIH was registered as a company, BERSIH functions as an NGO.
6/ Maria confirms that she was remanded under SOSMA for 10 days and that all investigations against BERSIH were dropped unconditionally.
5/ “Our main objective is for free and fair elections,” Maria responds to the question of BERSIH’s purpose.
3/ The defendent has submitted new documents as proof but these documents are currently being disputed.
2/ The defendent’s lawyer has let us know that Jamal Yunos is away on umrah and will only appear in the evening despite the case being scheduled for 9.30am.
58s59 seconds ago
In court with @mariachin for her defamation case against Jamal Yunos. Apparently he’s not back yet from umrah. Surely they knew when he went?
The six are compelled to serve as defence witnesses in the defamation suit brought by Bersih chairperson Maria Chin Abdullah against Jamal.
As for Fuzi and Khalid, Nasir said that they were the national head of the special branch and the IGP respectively when Maria was detained for 11 days under the Security Offences (Special Measures) Act 2012.
“Surely the police will (be able to provide) some evidence (on what) led to her detention,” Nasir told reporters today.
Justice Zaki also reminded parties that what he is looking for in the trial were facts, not the opinions of the witnesses.
The hearing of the defamation suit, which was originally scheduled for today, has been postponed to Jan 15. Justice Zaki also fixed Nov 10 to hear Fuzi’s application to strike out the subpoena.
Read more at https://www.malaysiakini.com/news/397700#PZzBXOi31yUlhjpm.99
Ada apa dengan 9 Oktober 2017?. Bakal berlangsung sidang perbicaraan antara Maria Chin Abdullah dan Jamal Yunos di Mahkamah Tinggi KL.
Maria Chin’s defamation suit against Jamal to go to trial – KUALA LUMPUR: The defamation suit filed by Bersih 2…
High Court judge Justice Mohd Zaki Abdul Wahab has fixed four days from Oct 9 to hear the civil dispute.
Maria’s lawyer Melissa Sasidaran told reporters after the proceedings in chambers Wednesday that the judge has also set May 22 for case management, where both parties will sort out and file the necessary documents for the trial.
Asked if Jamal had proposed a possible settlement upon advice by the judge, Melissa said there was no settlement so far.
Read more at http://www.thestar.com.my/news/nation/2017/03/29/maria-chins-defamation-suit-against-jamal-to-go-to-trial/#7G6ux1MbZuCt4Dis.99
Jamal seeks to settle defamation suit
Red Shirts leader submits proposal to Bersih 2.0 chairman after High Court judge advises both parties to settle suit without going to trial.
KUALA LUMPUR: Red Shirts leader Jamal Md Yunos yesterday submitted a proposal to Bersih 2.0 chairman Maria Chin Abdullah in a bid to settle a defamation suit out of court, The Star reported.
The ball is in Maria’s court now as she will decide whether to accept the proposal or not, her lawyer Melissa Sasidaran said.
The development came about after a High Court judge advised Maria and Jamal last month to settle the defamation suit out of court.
It was reported that Maria sued Jamal for allegedly linking Bersih 2.0 with the Islamic State (IS) militant group.
In her defamation suit, Maria alleged that Jamal had on Sept 28, falsely uttered slanderous words against Bersih during a press conference at the Putra World Trade Centre’s compound. He repeated the allegation on Oct 4 outside the Federal police headquarters in Bukit Aman.
Maria is seeking general and aggravated damages, as well as an injunction to stop Jamal from repeating the alleged slanderous words.
10 Nov 2016
Red Shirt chief ordered to file defence in Maria Chin’s lawsuit
News portal Malaysiakini reported that Kuala Lumpur High Court issued the order after Maria’s lawyers informed the court’s deputy registrar, Norfauzani Mohd Nordin, that they had served the originating summons on Jamal.
The matter was fixed for case management on December 27 before Justice Mohd Zaki Abdul Wahab, and Jamal was also ordered to file any applications before the date.
“Following that, the court ordered Jamal to file his defence by December 2 and for us to submit a reply to the defence by December 16,” Maria’s lawyer, Melissa Sasidaran was quoted as saying.
KUALA LUMPUR: Red Shirts leader Jamal Yunos has appointed lawyers to represent him in the defamation suit by Bersih 2.0 Chairperson Maria Chin Abdullah.
Jamal had previously flushed Maria’s letter of demand down a toilet.
Lawyer Melissa Sasidaran, for Maria, said Mohammed Nasser Yusof and Mohamad Fauzi Abd Samad from the law firm of Fauzi and Nasser filed appearance on Thursday
Maria’s suit came up for case management at the High Court.
The court had ordered Jamal to file his statement of defence by December 2, according to Melissa. “Maria has to file her reply to Jamal by December 16.”
The case will come up before Justice Zaki Abdul Wahab on December 27.
Maria sent a letter of demand on October 4, asking Jamal to apologise for his remarks, within 48 hours. He held a press conference the next day to say he would not apologise.
Maria is suing Jamal, who is also Umno Sungai Besar divisional chief, for claiming that Bersih 2.0 was an agent of the Islamic State (IS) group.
He made the allegation during a press conferences at the Putra World Trade Centre and at Bukit Aman, the police headquarters.
Maria said in the October 7 suit that her reputation had been tarnished by Jamal. His statement implied that she abetted the terrorist group.
Jamal had asked that legal action be taken against her.
PKR Youth Deputy Chief Afif Bahardin is not amused by Gerakan Merah Leader Jamal Yunos’ stunt yesterday where he held a press conference in a restroom and flushed a letter of demand down the toilet, questioning if protecting the image if the prime minister is up to a person who behaves like this.
Dr Afif Bahardin berkata tindakan Datuk Jamal Md Yunos itu tidak mencerminkan dirinya sebagai seorang umat Islam.