Misuse of funds matter of public interest, minister cannot sue, says NOW

National Oversight and Whistleblowers director Akmal Nasir says the conduct and behaviour of any public figure, like a minister, is a matter of extreme public important and interest, and therefore, is subject to public discussion and criticism. – The Malaysian Insider pic by Kamal Ariffin, December 29, 2015.Datuk Seri Jamil Khir Baharom has no legal capacity to bring a defamation suit over the allegation of misuse of public funds as the subject matter is of public importance, National Oversight and Whistleblowers (NOW) director Akmal Nasir said in his defence.

He said Jamil Khir (pic, left), who is in charge of Islamic affairs in the Prime Minister's Department, has filed his suit in his official capacity and is effectively a public figure who exercised duties and bears obligations to the people of Malaysia.

"Thus the conduct, behaviour and acts performed by the plaintiff (Jamil Khir) are matters of extreme public importance and interest which must be subject to public discussion as well as open to robust criticism and scrutiny," he said in documents sighted by The Malaysian Insider.

Jamil Khir, in his writ of summons, had also mentioned himself as Jerai MP and an Umno division leader, who had his reputation tarnished as a result of Akmal's revelation.

The defendant said Jamir Khir is a member of the ruling Barisan Nasional government which had espoused the need for public transparency, honesty and integrity at all levels of the government.

The same government, he added has also promoted the need for good corporate governance in corporations.

"Since the plaintiff is suing in his capacity as MP and minister, he is barred from suing because he has no legal standing to institute this action," Akmal said.

He said Jamil Khir's action disclosed no reasonable cause of action and was frivolous, vexatious and an abuse of court process.

Akmal also gave notice to Jamil Khir that there was possibility of him filing another application to strike out the minister's suit.

He is also relying on the defence of fair comment, justification and qualified privilege to dismiss the suit.

On November 19, Jamil Khir filed the suit against Akmal over the latter's remarks – made to the media and uploaded to NOW's Facebook page six days earlier – over the purported misuse of the Malaysian Islamic Economic Development Foundation (Yapeim) funds which were meant for orphans and the poor.

Akmal, who is also Johor PKR publicity chief, had allegedly claimed that Jamil Khir abused the funds for a trip to the United States last year.

Jamil Khir seeks general, aggravated and exemplary damages, and an apology to be carried on the FB pages of Akmal and NOW, as well as in national newspapers.

Jamil Khir had said he filed the suit to seek justice following Akmal's refusal to apologise despite being given a 24-hour deadline.

The minister now has up to January 11 to respond to Akmal's defence before a case management the following day.

- TMI