13 May 2019
PUTRAJAYA: PKR vice-president Rafizi Ramli today won his appeal against the findings of the High Court three years ago which ordered him to pay RM200,000 in damages to National Feedlot Corporation Sdn Bhd (NFCorp) executive chairman Mohamad Salleh Ismail and his company for defaming them.
A three-member Court of Appeal bench chaired by Hamid Sultan Abu Backer said there was merit to Rafizi’s appeal.
“The appeal has merit, and we are allowing it with costs,” said Hamid, who sat with Hanipah Farikullah and Kamaludin Md Said.
The bench earlier refused to allow the case to be heard later in the day so that lawyer Muhammad Shafee Abdullah, representing NFCorp and Salleh, could be present.
“This matter has been adjourned at least five times, and damages to the first respondent (Salleh) are only RM150,000,” Hamid said.
Lawyer Sarah Abishegam then conducted the case for Salleh and NFCorp.
Neither Salleh nor Rafizi were present in court today.
Lawyer Ranjit Singh, who represented Rafizi, said his client was only relying on the defence of fair comment.
“The appellant was an honest and fair-minded person when he made the alleged defamatory statement,” he said, adding that the High Court had also concluded that Rafizi’s conduct was not malicious.
He said trial judge Azizul Azmi Adnan had also held that Rafizi acted in public interests.
On Oct 31, 2016, Azizul had ordered Rafizi, who was then Pandan MP, to pay damages of RM150,000 to Salleh and RM50,000 to his company.
The court also ordered Rafizi to pay costs of RM100,000.
The bench today ordered Salleh and NFCorp to refund the RM300,000 in damages and costs within 30 days, failing which 5% interest per annum would be imposed until the payment is settled.
Hamid also awarded RM100,000 in costs before the High Court and another RM10,000 in the Court of Appeal.
In the suit filed on June 3, 2013, Salleh and NFCorp claimed Rafizi had made a defamatory statement in a media conference at the PKR office a year earlier regarding the purchase of KL Eco City properties.
1 June 2018
PUTRAJAYA: PKR vice-president Rafizi Ramli was today given a non-custodial sentence for leaking the 1MDB report in a press conference at the Parliament building two years ago.
A three-man bench chaired by Ahmadi Asnawi handed a two-year good behaviour bond to Rafizi, who was also ordered to post RM2,000 bail in one surety.
This came after Rafizi’s lawyer Ahmad Nizam Hamid informed the bench that his client was withdrawing his appeal against the conviction.
Nizam said Rafizi would only be appealing to reduce the 18-month jail term imposed by the High Court.
Earlier, deputy public prosecutor Awang Armadajaya Awang Mahmud told the court that he had been instructed to withdraw the appeal against Rafizi’s acquittal for being in possession of page 98 of the audit report which had been classified under the Official Secrets Act.
Nizam, in urging for a binding over, said the custodial sentence was excessive.
“He did it for the good of the nation and not out of self-interest. His revelation was no threat to national security,” the lawyer said.
Nizam added that the 1MDB report by the auditor-general had been declassified by the new government.
Awang Armadajaya did not object to the submission.
“It is no longer an offence under the present circumstances,” he added.
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11 February 2018
Notes to my son: He will understand soon, says Rafizi
The night before Rafizi Ramli was set to appear in court to receive the verdict for disclosing account data of the National Feedlot Corporation Sdn Bhd (NFC), he gave his sleeping son a goodbye kiss.
The PKR vice-president already had a feeling he would be found guilty, and that if the judge did not allow a stay for appeal, he would not see his son again before he was sent to jail.
But he had also been writing notes for his four-year-old son since 2013 to explain why he had to do the things he did and serve time in prison.
“I do write notes to him as I went along.
“They are notes that I accumulate over time, so if anything happens, he does have the notes when he can read, four or five years down the line.
“But not now (because) he can’t understand,” Rafizi told Malaysiakini in an interview.
From the experiences of his friends who served time under the Internal Security Act, he said he noticed that it was their children who were most affected.
“If the parents have not rationalised to the children that this has to happen, they might take it out on the parents.
“Because it is very easy for the public out there, the people they encounter when they start going to school to tell them that their parents are selfish, that your father did this for himself and as a result (the children) have to suffer.
“I started writing personal notes… so that he (my son) can actually understand that there were reasons, and it’s not because we didn’t think of him,” he said.
The Pandan MP had hoped and initially planned to serve any jail sentence before his son could remember what happened to his father.
“But now he does remember.
“I don’t know whether, at four years and two months, he has an understanding (of what is happening).
“He does realise, if I’m not around for a while, for example if I’m away for two or three days, he does sort of sulk, but apart from that, I don’t think he understands,” he said.
Read more at https://m.malaysiakini.com/news/411850#Mmu3Mcph4kBXuBWg.99
We will have to register Ben for school this year. Ben will be in Standard 1 in 2020. That’s how quick time flies. I never regret anything that I did in politics. Except all the hours I didn’t spent with him while he grows up. Good night Ben.
@rafiziramli , my prayers are with you. Only a few would do what you did. Only a few would spend jail-time for exposing the truth. It comforts me to know that there still are Malaysians like you. It breaks my heart to see you in jail. We will get you out, insyaallah.
@Rafizi ramli “.. “The fight must go on and I will see you soon. In the meantime, let’s work together to put an end to this, once and for all.” – February 7, 2018” Dear follower Let’s viral this @invokemalaysia
Fight is far from over, Rafizi tells Malaysians
THE fight is far from over, soon-to-be-jailed Pandan MP Rafizi has told the people via a video posted on his Facebook page today.The PKR vice-president told the people not to pity him for he had made the choice to do his duty and had no regrets.He reminded them change began with them and if they were angry because they perceived an injustice had been done, they must act on that anger.“You might recognise me. I am Rafizi Ramli, age 40. Just like you, I am a father, a husband, and a son.“This morning, judge Zamri Bakar delivered a guilty verdict in the long-running Bafia trial. I was sentenced to two and a half years in prison.“Together with the one and a half years’ prison sentence in the OSA (Official Secrets Act) case, I am now looking at four years in prison,” he said.Rafizi was found guilty by the Shah Alam Sessions Court and sentenced to 30 months’ jail for breaching the Banking and Financial Institutions Act (Bafia) in relation to the National Feedlot Corporation Sdn Bhd (NFC) accounts leak.
Former Public Bank clerk Johari Mohamad was also charged and sentenced to the same.
Rafizi said he had done his part, and he and his family had no regrets and were at peace because they had done their duty.
“Life goes on. Whatever is the outcome, my family and I will make the best of it.
“If you feel even a tinge of anger and disappointment that this has happened, it means you care. It means you hate what is happening. It means you can feel the injustice around you.
“Do not let the feeling live only momentarily in you. Change around you, begins with you.
“I don’t need anyone’s pity, I made the choice myself. I need you to act on your feeling, so that we can change things together,” he said.
He also urged the people to volunteer and contribute to crowdfunding campaigns so that more Malaysians could be mobilised to act on their conscience, just like he did when he pursued the NFC scandal.