JIMMY SUES SIX OVER ANCESTRY STATEMENTS

KOTA KINABALU: Sri Tanjung assemblyman Wong Sze Phin @ Jimmy filed a suit in the High Court seeking RM150 million in damages over statements made regarding his native ancestry.

Wong, who is also the state chairman of the Democratic Action Party (DAP) yesterday filed the suit at the High Court registry through his counsel Marcel Jude Joseph naming Datuk Osman Jamal, the director of the Lands and Surveys, the Native Certificate Holders Transfer Committee (NTHTC), the State Native Affairs Council, the Local Government and Housing Minister and the State Government as first, second, third, fourth, fifth and sixth defendants respectively.

Businessman Wong is seeking RM100 million in damages for defamation against the first and second defendants, another RM50 million in damages against the first, second, third, fourth and fifth defendants, punitive damages against the said five defendants for alleged unconstitutional actions and a declaration that the policy pertaining to the issuance of native certificates instituted and established by the fifth and sixth defendants in 1982 as null and void.

Further, the plaintiff is also seeking an injunctive relief against the first and second defendants restraining them from making defamatory remarks about him and his native status and rights and an injunctive relief against all the defendants restraining them whether by themselves or by their agents or servants from interfering or preventing or obstructing him (the plaintiff) from exercising his native rights.

He is also seeking statutory interest, costs and any other relief deemed fit by the court.

In his Statement of Claim, Wong claimed that the first defendant is a civil servant in the Lands and Surveys Department and the holder of the office of the second defendant which is responsible for land administration in Sabah under the Sabah Land Ordinance Cap 64 and other related laws/legislation.

He said, the third defendant is a committee set up or organised, inter alia, by the first and second defendants to scrutinise all applications pertaining to the transfer of native title lands using Native Certificates, while the fourth defendant is a body set by the State Government of Sabah to look into and administer the affairs and concerns of persons who are natives to the State of Sabah.

Wong pointed out that the fifth defendant is a minister in the State Government of Sabah appointed and responsible for the administration of local government and the needs and concerns of housing in the State of Sabah, while the sixth defendant is the executive branch of the government of the State of Sabah.

He claimed that in 1982 or thereabout, the sixth and fifth defendants had acted to set up and established a policy to unlawfully hinder, stop and prevent the issuance of native certificates to persons who are descendants of joint and both native and non-native parentage (referred to in the Statement of Claim as the llegal policy?, notwithstanding that such person is qualified for the Native Certificate pursuant to the Interpretation (Definition of Native) Ordinance (Sabah Cap. 64).

As a result of the illegal policy, Wong claimed that many qualified and genuine applicants entitled to the issuance of the Native Certificates were unlawfully denied the issuance of the Native Certificate and are or were unable to inherit the property and property rights of their native parents.

Wong further said this included what is known as ?he siang?persons of Sino-Native origins, persons of Indo-Native origins and other persons of mixed parentage of both native and non-native origins.

He pointed out that the continued implementation of the unlawful policy is discriminatory and a gross violation of the human right of those qualified to be native persons under the laws of Sabah.

On July 3, 2012, Wong said the Daily Express published an article in its front page entitled Fighter watch on NT land deals? which was the contents of an interview with the first defendant.

By reasons of the statements of the first defendant and acting in the office of the second defendant, Wong claimed that he has suffered loss of reputation and damage.

He said that the said statements were calculated to make the following negative and false inferences of him namely, that he is a liar and cheat and a conman, cannot be trusted, that he has lied and made false statement about his native ancestry, that he holds a bogus native certificate and that he does not have a single drop of native blood flowing through his body.

Furthermore, he said that the statements were also calculated to give the negative and false inferences of him as not fit for public office, a corrupt politician, not trustworthy in his business affairs and that he is of dubious character.

Wong claimed that the statement of the first defendant as highly seditious and tantamount to racial abuse of the plaintiff.

By reasons of the statements of the first defendant, Wong claimed that it has been revealed to him that the first, second, third, fourth and fifth defendants acted or planned to act in violation of his rights as a native person as well as his property and human right. (theborneopost)