Defamation charge is defective, claims Rafizi's lawyer

Lawyer Gobind Singh Deo told the magistrate’s court in Kuala Lumpur to consider striking out the criminal defamation charge against Pandan MP and PKR vice-president Rafizi Ramli on grounds that it is defective.

Gobind said the criminal defamation charge against his client was defective and not at all clear at to the defamatory words complained against Rafizi’s statement on Tabung Haji.

He said the prosecution only provided an annexure to the charge, which referred to close to 50 pages of an article consisting various reports and letters from his client's blog.

“However, the prosecution did not highlight or put up facts to pinpoint the words complained of and are said to be defamatory. The prosecution cannot cast a wide net as the charge should be specific. This would be unfair for the defence,” he said.

Gobind (photo) said this before magistrate Umzarul Ain Nur Umar before the start of the hearing today.

DPP Nadia Zulkefli told the court that the prosecution would adduce the evidence from the witnesses.

Rafizi's legal team, led by Gobind, said the prosecution should state the basis of the charge, and if there was none, then it did not reflect any offence and therefore his client was entitled to a discharge.

“It is not correct to incorporate all the documents and consider all of it as defamatory.

“The accused is entitled to know the words that are defamatory. This is trite. Hence, what we have here is a groundless charge,” Gobind said.

Magistrate Umzarul Ain then asked the parties to make their full submissions tomorrow and indicated that she would decide after that on whether the charge should stand or otherwise.

Rafizi, the first term Pandan MP, was in April last year charged with criminal defamation of Tabung Haji, through a posting made on his blog, after a staff of the pilgrimage fund filed a complaint on Feb 18 last year.

Rafizi, had on that same day, been charged with violating the Official Secrets Act, for which he had been found guilty by the Sessions Court in Kuala Lumpur and was sentenced to 18 months’ jail.

He has appealed this conviction in the High Court in Kuala Lumpur and its decision is due on Wednesday. - Mkini