Meanwhile, Nair said another High Court had rejected Jamal’s bid to annul the suit filed against him by Seputeh MP Teresa Kok in January.
Kok filed the suit over Jamal’s allegations that she too had abused Yawas funds, saying his remarks had tarnished her reputation as a senior politician in DAP and painted her as a corrupt individual.
“He has filed an appeal against the striking-out dismissal,” Nair said, adding that the Court of Appeal would hear this on Nov 27.
Sungai Besar Umno division chief Datuk Seri Jamal Md Yunos had lodged a series of reports, alleging that some politicians had taken funds meant for welfare from Yawas but never disbursed the money to qualified recipients.
Primary Industries Minister Teresa Kok’s RM1 million defamation suit against Sungai Besar Umno chief Jamal Md Yunos will proceed for hearing on Feb 25.
This follows with the High Court in Kuala Lumpur today dismissing defendant Jamal’s application to strike out the suit by plaintiff Kok.
The plaintiff’s lawyer, K Murali, confirmed the ruling issued by judicial commissioner Quay Chew Soon during case management in his chambers today.
“Yes, Jamal tried to strike out (the suit), and his (striking out) application (was) dismissed,” Murali said when contacted today.
The lawyer said the court dismissed Jamal’s striking-out bid as it had no merit whereas Kok’s suit against him has a valid cause of action, which is triable in a full hearing.
Murali said the court also found that the trial dates had already been fixed earlier, before the striking-out bid was filed, and hence the said application came too late.
The lawyer added that the legal action would come up for case management on Feb 14, after which the matter would proceed for a full hearing for three days from Feb 25 to 27.
Murali also said the court today ordered Jamal to bear RM3,000 in legal costs.
Counsel Mohammed Nasser Yusof appeared for Jamal during today’s chamber matter.
On Nov 29 last year, it was reported that Jamal filed the striking-out application on April 25 that same year, on the basis that Kok’s suit against him was baseless due to the investigation into the allegation of abuse of funds was still ongoing at the time.
On April 6, 2017, it was reported that Kok, the Seputeh MP, filed the legal action against Jamal at the High Court in Kuala Lumpur on the same day.
The suit is over allegation of abuse of Yayasan Warisan Anak Selangor (Yawas) funds.
Earlier, on March 16, 2017, Jamal lodged a report to the MACC, accusing Kok and several Pakatan Harapan representatives of misappropriating funds from Skim Mesra Usia Emas, which came under the purview of Yawas.
Then, on March 31 that same year, MACC raided Kok’s office and seized several files as part of its investigation.
29 April 2019
KUALA LUMPUR: Red Shirts leader Jamal Yunos made a last-minute attempt today to stop the defamation suit against him by Primary Industries Minister Teresa Kok over allegations of abuse of state funds from proceeding to a full hearing.
Lawyer SN Nair, representing Kok, told High Court judge Ahmad Bache that they received an 11th hour application to strike out her suit last Thursday.
The trial was scheduled for today and tomorrow. Jamal, however, was a no-show at court.
His lawyer V Mugunthan said Jamal is unwell and on medical leave.
Mugunthan also said they wished to annul the suit on grounds that there was no outcome from the Malaysian Anti-Corruption Commission (MACC) investigations into Kok regarding claims that she and other DAP leaders misappropriated welfare funds from Yayasan Warisan Anak Selangor (Yawas).
“We say that the lawsuit is premature,” said Mugunthan, who also sought a court order for the trial to be halted pending the hearing of their striking-out application.
However, Nair said Kok had not been charged in court over the allegations for the past two years, and that “this does not stop her from filing the suit”.
He also told the court that MACC is not required by law to provide the outcome of its investigations.
Ahmad said from his experience as a former MACC officer, the commission does not always provide a response on the outcome of investigations.
“I am allowing the lawyers for the minister to file an affidavit to respond to Jamal’s striking-out application,” he said.
“I have to hear this application before I can proceed with the trial.”
In the meantime, he told Jamal and Kok to try and work out a settlement.
The court set June 19 as the tentative date to hear Jamal’s bid to stop the suit pending MACC’s response.
Jamal previously failed to settle the lawsuits by Kok and Science, Climate Change and Environment Minister Yeo Bee Yin.
Speaking to reporters outside the court, Kok criticised Jamal’s move to postpone the case.
“When I filed this suit in 2017, he said he welcomed my lawsuit against him.
“Today he has disappeared, and he is wasting all of our time,” she added.
In her lawsuit, Kok claimed Jamal’s statements had tarnished her reputation as a senior politician in DAP and painted her as a corrupt person.
“The accusations by Jamal were baseless as I did not abuse my powers to obtain funds from Yawas,” she said in her statement of claim.
She sought general, aggravated and exemplary damages as well as an injunction against Jamal from publicising further defamatory statements.
Jamal alleged in 2017 that politicians from Kuala Lumpur and Selangor had taken funds meant for welfare aid from Yawas instead of disbursing the money to eligible recipients.
11 December 2018
KUALA LUMPUR: The High Court today proposed that Primary Industries Minister Teresa Kok resolve the case she filed against Jamal Md Yunos over alleged misuse of Yayasan Warisan Anak Selangor (Yawas) funds through mediation.
Counsel K Murali, who represented Kok in the case, also told the reporters that judge Ahmad Bache set Jan 10 as the next date “for case management to know the progress made in the mediation process”.
Counsel Mohamad Fauzi Abdul Samad, representing Jamal, also attended the proceedings.
Meanwhile, Fauzi said that if the two parties failed to reach a settlement, the court would hear the case for two days starting April 29 next year.
6 April 2017
Bring it on, Jamal tells Teresa Kok on RM1 million suit
PETALING JAYA: Sungai Besar Umno division chief Jamal Md Yunos is unfazed by the RM1 million defamation suit DAP MP Teresa Kok filed against him.
In fact, Jamal is waiting for the writ of summons to be personally handed to him or his lawyer.
“This is just a way for Kok to cover up her wrongdoings, by making it seem as if my allegations were false,” he said to FMT.
“I have contacted my lawyer but he didn’t receive the writ. Neither have I. It’s her right to file the lawsuit and I’m waiting for it.
“And I will leave it to my lawyers to decide what would be the appropriate action.”
I have filed a defamation suit against Jamal Yunus who has accused me for mishandling of SMUE fund today.
Teresa files RM1m defamation suit against Jamal
Seputeh MP Teresa Kok has filed a RM1 million defamation suit against red-shirts leader Jamal Md Yunos at the High Court in Kuala Lumpur today.
The suit is over the Sungai Besar Umno chief’s accusation against the DAP lawmaker of allegedly abusing the Skim Mesra Usia Emas (SMUE).
“Today, I file the suit against Jamal Yunos over his wrongful and false accusations against me for taking Selangor government’s SMUE ATM card to withdraw a large sum of money from the state’s bank account.
“As you know, the Malaysian-Anti Corruption Commission (MACC) came to my office and took away all SMUE files. So we have given them many boxes of documents.
“What Jamal Yunos did has damaged my reputation and my work as the people’s representative,” she told reporters at Jalan Duta court complex here.
SMUE is an emergency aid scheme where family members can apply for RM2,500 funeral expenses for those who are born in Selangor.
31 March 2017
MACC seizes documents from Teresa Kok’s office
PETALING JAYA: Anti-graft officers took away stacks of documents from DAP MP Teresa Kok’s office Friday in its investigation into alleged misappropriation of funds at Yayasan Warisan Anak Selangor (Yawas).
Confirming this, Malaysian Anti-Corruption Commission (MACC) deputy chief commissioner (operations) Datuk Azam Baki said the Seputeh MP was not in her Kuchai Lama office at the time.
The raid at about 11am took place after a search warrant was produced by the MACC officers to the office workers.
“We contacted her and she gave full cooperation to our officers.
“Some documents were taken to assist us in the course of the investigation,” he said when contacted.
Azam said MACC would need to study the documents first and statements would be taken from relevant parties in due course.
He said the probe is over a report lodged with the MACC by an individual over alleged irregularities in Yawas funds.