Libel judgment against RPK : The lesson to be learnt
March 28, 2008
The AFP report reproduced by RPK reports that successful co-plaintiff Nordin Kardi hopes that the court judgment would be a landmark judgment for cybermisconduct.
Hate to disappoint the UUM VC but the judgment, in my view, is only useful as a reminder to all and sundry that if you do not take service of a court summons seriously enough, the rules of court allow for procedures to enable default judgment to be entered.
This is trite law and requires no further landmark judgment.
And that, as I see it, is the lesson to be drawn from this episode.
The quantum awarded, though, appears to suggest that the presiding judicial officer may not have had referred to her some of the more recent and relevant judicial precedents which harken back to the days when an award in a defamation case was intended to offer a solatium, and not a windfall.
Something that RPK and the Suara Keadlian people may wish to take note of.
The AFP report also has it that Rocky is concerned that advocates of free speech and press freedom will be impacted by this judgment.
Bro Rocky, no fear. As far as I know, the law has not changed one iota since that first day that I met you last year.
March 28, 2008 at 2:46 pm
The UUM VC may have ‘won’ in a court of law by default.
What actually did he (or the university) win? If a quantum payment is justifiable compensation, Malaysian academia becomes the victim of judicial constraints.
The root issue was plagiarism which imho is anathema within academic and journalistic circles.
Let’s see more from RPK on this matter (if he decides to present the incriminating evidence) and the court of public opinion will preside.
Meanwhile, the next intake at UUM will be closely watched.
March 28, 2008 at 2:53 pm
I cant understand why RPK didnt respond to the Writ. Surely as a law abiding citizen he would want to defend himself in a court of law? As a lawyer I do not agree with what RPK did. I know the system is rotten and it aint workin properly but that dont mean it aint workin…. from time to time i mean. I hope the judiciary gets cleaned up so that there would be no more incidences like this.
On another matter, I think Zaid has some explaining to do himself. If he had supported the sacking of the LP in the past then how is it he is asking other to apologise? Shouldnt he be the first one to say sorry?
Politicians… I just dont get them
March 28, 2008 at 3:13 pm
Zaid Zaid, not so straight after all.
When he wanted to win favours from Mahathir he supported the sacking, now when he sees Mahathir and AAB not seing eye to eye he wants people to apologise for the 1988 episode.
No wonder he gets along so well with the UMNO guys, when they didnt need him they dropped him in Kota Baru, but after the tsunami aftermath, they realised that Zaid maybe an assest after all and invited him.
Poor oppurtunistic Zaid accepted the appointment. Opportunistic – Right word for Zaid right ? 1988 support Mahathir to sack Salleh, 2008 support AAB for apology and clean the judiciary…………..
March 28, 2008 at 3:48 pm
Zaid, Oh, Zaid.
As I remember he was a partner in the firm of Rashid & Lee, now Shahrizat Rashid & Lee.
After the downfall of Tun Salleh Abbas most lawyers were very angry with Tun Hamid Omar for he was one of those who had agreed to, or was not against writing to the Agong about the attack of the Judiciary by Tun Mahathir.
All of a sudden this Zaid formed the Muslim Lawyers Association and supported Tun Hamid Omar and for that he was rewarded Govt. legal contracts works, worth millions of Ringgit, including the entire North south Expressway. Other lawyers were very angry with Tun Hamid- thus to teach these ‘recalcitrant’ lawyers- Zaid was rewarded handsomely- “If you play your card correctly, at the right time….”.
Now, Is his political ministership another timely game?
March 28, 2008 at 3:57 pm
Haris,
“This is trite law and requires no further landmark judgment. And that, as I see it, is the lesson to be drawn from this episode.”
I agree it is trite law but how else can a judge deal with someone with such supreme arrogance and disregard for the law?
I do think there are more valuable lessons than the perils of not showing up in court.
It is about being a law abiding citizen and not let fame swell the head. The skull of a fully grown man cannot grow any more so the grey stuff in the head will have to be flushed out to accommodate the fame. I have no proof of this fuzzy logic though.
RPK and the Suara Keadilan said what they wanted to say or publish about Nordin Kardi and UUM. For that matter they can just about say anything about anyone at any time because, as you rightly pointed out to Rocky, the law has not changed one iota since that fateful day that brought you two together.
Last I heard, Malaysian laws also provide for a person who feels he has been libeled to have his day in court is if he wishes to. Of course he must be mindful that winning is not a sure thing unless he can ‘do a Lingam’ and have his lawyer hand the judge a floppy disk.
So what have we learnt?
A. In a nutshell, people can say what they want but be prepared to put up, shut the hell up or pay up. If RPK is so cock sure that Nordin Kardi is a cheat, why doesn’t he just show his hand? Instead he does not bother to file his defense or hire a lawyer and scream like a wounded pig and claim that politics is behind it all. Oh how convenient!
B. RPK does not have an exclusive license over what the truth is.
C. For those who feel they have been maligned and have had their reputation ground into the dirt, our laws say ‘yes, you can sue the buggers’.
D. Nordin Kadi and the UUM better hire good investigators to locate assets that could be attached or the only windfall they will get is that which lands on their faces.
March 28, 2008 at 3:59 pm
If anyone could glance back again through this article wrote in MT – it was “an offer” by RPK in his blogs for any reader to interprete in their own judgement. The article was just what UUM VC and whoever behind the scene to manipulate against RPK and Suara Keadilan. It creeps us knowing that our judicial system as claimed by many was rotten to the core. Perhaps what RPK advocated might be true all the while. Lets wait for his response and meanwhile, give Zaid a chance to reform the Judiciary.
March 28, 2008 at 4:01 pm
Yes, Nordin took part in the 100m race and the other participants gave a walk over and he claims to be the Malaysian champion.
Now he gives a discourse on how to be a successful athlete.
I just hope RPK does not own any property today. Hope everything has been transferred to his wife and children.
But I am not sure of the repercussions to PKR when the intellectual makes his demand notice.
But I would like to know if Nordin paid the legal costs from his own pocket or the University (tax payers) footed the bill.
March 28, 2008 at 4:07 pm
RPK practises civil disobedience.
It’s neither wrong nor right; it’s a conscious choice made by Pete; it’s just an act of civil disobedience.
http://en.wikipedia.org/wiki/Civil_disobedience
When others hold their necks out to fight for our rights and freedom of speech, i think we should voice our support at the very least.
March 28, 2008 at 4:25 pm
SO WHAT’S YOUR COMMENT ZAID?
March 28, 2008 at 5:25 pm
Didn’t you guys read between the lines? He’s trying very hard to sit on a very narrow edge of a sinking ship. Looks like he will get his ass kick pretty soon, if he goes on pacifying the Opposition. Knowing that the ship is sinking, buys time, make the most out of this ship while preparing for the new gahmen??
The answer my friend is blowing in the wind.
Lalang Oh Lalang where is the wind blowing?
March 28, 2008 at 5:50 pm
If RPK had faced the legal process, would he have received a fair hearing?
If he expects no fair hearing and, by participating, legitimizes the process, isn’t he entitled to spurn it?
Singam,
Whether he would have received a fair hearing would hinge on too many factors to categorically say yes or no now.
He obviously felt that there was no value in disputing the claim.
March 28, 2008 at 6:26 pm
I always notice in the commentaries in RPK’s site the gullibility of the readers to believe 100% at issues discussed at hand. And the cursings and swearings that appeared under anonymous comments.
Quite frightening actually….disgusting to read even.
That aside, a law question, Haris (hopefully you can enlighten my curiousity):
Assuming bankruptcy action is taken against PRK for not paying up the damages monies and he is made a bankrupt (taking assumption he does not bother to make an appeal on this recent judgement). Can he be sued again? Is it bad law to sue a person who is declared a bankrupt?
concerned,
My bankruptcy law is not what it used to be. Called a lawyer friend and he confirms that a bankrupt cannot be sued.
March 28, 2008 at 6:32 pm
correction: not anoymous. I meant pseudonym names.
March 28, 2008 at 6:47 pm
Zaid is an oppurtunistic pathogen – thats the moral of the story – this way he gets the whole pie and eats it too…………
March 28, 2008 at 8:04 pm
What RPK needs to do now is to apply to set aside the default judgment soonest possible by showing the case has triable issues and the reasons for his failure to file appearance. As the case hinges on alleged defamatory remarks, only a full trial will reveal if indeed such remarks are defamatory. All the best to you, RPK!
March 28, 2008 at 8:42 pm
HARIS,I DID COMMENT IN SOMEBODY BLOGS,MAYBE SLOONE.THE BASIC LAW IF ANYONE FILE A SUIT ON SOMEONE IN COURT,THE DEFENDENT MUST DEFEND HIMSELF WHETHER ITS A KANGAROO COURT OR MR.CORRECT2 COURT.BUT SOMEONE BY THE NAME OF PARTFINDER ACCUSE ME I TRYING TO BE SMART.I REPLY TO HIM BUT NO RESPONSE.I DID MENTION ALSO ZAID IS VERY2 CUNNING LAWYER.HE CAN JUMP FENCES LIKE GRASSHOPPER.THATS WHY I DONT TRUST 100% POLITICIAN.thanks.raj raman.still dreaming 2b malaysian putra.religion.i will anwser to god when times come.PLS ADVISE PRK.
March 28, 2008 at 9:38 pm
haris,i am not IT savy,but whenever i try to log in to some other bloggers,the message from them is my email being use by someone else.same name.can u advise how ANOTHER person can have the same email id.a bit confuse.i just started using email id the last 3 months.my business website doesnt carry my email due to my habit of hate paper work.i rather use phone.however lately i hooked to your blog,sloone and anil.others blogger i cant access due to someone had registered my sama email id to their blogs.confuse.thanks.raj raman
Raj,
Sorry, I’m a dinosaur playing in technopark.
March 28, 2008 at 11:31 pm
Wow Law is park of our daily life hope it will get easier.
March 29, 2008 at 3:46 am
Loosing Faith of court?
Many Many will say “Yes”
Can RPK get a trustworthy lawyer is another point?
Any Lawyer in this Blog or in the Cyberworld been cared to assist RPK when the case was there?
Any Lawyer would care to help if he is not RPK?
There is a Defamation case by a Lawyer who failed to do his job when representing Developer denying Obligation to provide Authority Consent along with Strata Title.
The defamation case was raised even on letter to Bar Council!
Bar Council Bias to insinuate Respondent to object forwarding Explanation to Complainant.
DB refused to provide explanation and discharge the Complaint after almost 2 years!
First Lawyer did not strike out but denying the claim without rebutting the false particulars nor input a counterclaim.
Second lawyer distorted the Amended Defense, denying counterclaim and refused to get even Suggested Statement of Facts & Issues, refused to comment on Plaintiff’s proposed Bundle! Got discharged with a False Allegation of their clients.
Third lawyers got pay and even been provided by the clients with all typed notes and summaries, even analysis of the case and draft for next Amendment of Defense for the third lawyer to include Counterclaim.
Nothing done or even go to court once. Missing all mention dates within almost a year!
They called up Police to chase the Clients off when the lawyers was pressed to show the job and reports on what had been done and the mention dates and to give a copy of document they had shown to the client a couples of minutes ago!
Then, a copy of the Draft was sent to the Clients but exactly the one they sent to the Lawyers one year ago as the job they did but without the counterclaim!!
After chasing after the Plaintiff for almost 3 years by the clients, the Plaintiff sent in a Suggested Statement of Issues for Court to Try – SIMPLY “IF THE LETTERS WERE DEFAMATORY” but those letters exhibited in the Claim were not in their proposed Bundle!!
The third lawyers did not react or advise the Clients at all except telling the Client to go to court and have to pay them more!!
The court told the Clients to go ahead and ignore the idling of their third lawyer!
Will anyone dare to go to court or engage lawyers?
Will any lawyer blogger or commenter give a hand?
They are not RPK but they are also volunteers to fight for the Fairness of House Buyers who were issued with Title of Apartment instead of Condo when the Club had gone to the Sister Company of the Developer as Hotel!
March 29, 2008 at 9:33 am
Bankruptcy give an activist the ultimate protection. It makes him care less and fearless. Maybe he is looking for it. Maybe he has the ultimate protection.
temenggong,
a classic example was the late MGG Pillai
March 29, 2008 at 12:46 pm
To give a better insights on the original article that resulted in this libel suit…read the original writer’s blog: Muhtar bin Hj. Suhaili
http://muhtarsuhaili.wordpress.com/2008/03/27/isu-uum-saman-raja-petra-dan-suara-keadilan-rm7-juta/#more-752
My own conclusion:
Dato Dr. Nordin Kardi denied he plagiarized the original article by Muhtar.Seemingly, it was obvious the plagiarism was done by the blog owner, IslamHadhari.net. Screenshots of the plagiarized article was in Muhtar’s blog. The matter does appear to have been settled between Muhtar and Dr Nordin. He made his apologies. IslamHadhari retracted the posting. Case closed.
All RPK did was to link Muhtar’s article to MalaysiaToday, creating mass discussions on the issue.
Aah…the intent and objective for this law suit is clear, isn’t it?
March 29, 2008 at 3:51 pm
Haris, Temenggong,
I’m not sure if this approach helped JB Jeyaratnam of Singapore. Perhaps he didn’t prepare well enough.