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10 APRIL 2024

Wednesday, June 6, 2012

Syabas remarks: Pua found liable, told to pay RM200,000



The Kuala Lumpur High Court has today found Petaling Jaya Utara MP Tony Pua liable for defamation for his remarks made against Syarikat Bekalan Air Selangor (Syabas) and ordered him to pay RM200.000 in damages.

Justice Amelia Tee Hong Geok Abdullah, in ruling in Syabas’ favour, also dismissed Pua’s counter-claim application.

The court allowed interests at four percent and legal fees to be taxed.

Also present with Pua were Ipoh Timor MP Lim Kit Siang, Bukit Bintang MP Fong Kui Loon and Segambut MP Lim Lip Eng.

Syabas had filed the suit on Jan 28, 2011, through the firm Sreenavasan and Young, following an article published in Nanyang Siang Pau in November 2010 entitled ‘Tony Pua: Selangor government must have water rights to prevent price hike’, which the water utility company claimed was defamatory.

The firm claimed the offending words meant that Syabas was incompetent in managing water supply rights, given its inability to manage its debts or replace water pipes, and that the company was making improper claims to raise the tariff which are aimed for self-benefit and to the unfair detriment of the public at large.

NONESyabas claimed Pua’s (right) statement has affected its reputation, goodwill, commercial credit, and had subjected it to public ridicule, resulting in it suffering injury to its trade and business.

It had sought general damages, interest at eight percent per annum, costs and other relief deemed necessary by the court.

Meanwhile, Pua, in his defence statement and counter-claim filed on March 14, 2011, admitted the existence of the Nanyang article and provided its full translation.

The MP claimed his statement came following articles which were already published in The Sun, The Star and The Edge and also public reports and statements issued by Puncak Niaga Holdings Bhd, which owns a majority stake in Syabas.
Defence of qualified privilege

In claiming the defence of qualified privilege, Pua, who is also the DAP national publicity secretary and a member of the Selangor government water review panel, claimed that he took reasonable steps to verify his information which was based on the above.

Pua applied for Syabas’ suit to be dismissed with costs and in turn made a counter-claim alleging that the claim was unwarranted and without basis.

He claimed the Syabas suit was frivolous, vexatious and an abuse of the court process and resulted in him suffering losses and damages as a result of unnecessary harassment and expenses, including legal costs after the suit was filed against him.

Following this, Pua claimed general and exemplary damages and costs.

Pua, in commenting on the decision, said he will consult his lawyers but there is “no reason for him” not to appeal.

“I still think what I said is not defamatory and I will not repeat what I had said,” said Pua, who is DAP publicity secretary.

[More to follow]

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