PM Vs Ling: Is the Court Trying to Avoid Embarrassment?

A Kadir Jasin

BRAVO Tun Dr Ling Liong Sik!

In the eyes of the court of public opinion, you have won the first round of the battle with Prime Minister(Datuk Seri Mappadulung Daeng Mattimung Karaeng Sanrobone) Mohd Najib bin Abdul Razak.

To members of the jury of the court of public opinion, there must have been a strong reason to prompt Justice John Louis O’Hara to advise the opposing parties to go for mediation.

The court must have seen and studied the arguments put forward by Mohd Najib and Ling, and might have some ideas of which direction the verdict would go.

Could the court be trying to avoid a severeembarrassment to one of the parties should a full-blown trial be allowed to proceed and verdict delivered?

Whose embarrassment – Mohd Najib or Ling?

Mohd Najib had already suffered an embarrassment in the preliminary round when Ling refused to apologise, retract and pay compensation for allegedly defaming him.

His legal representatives, the law firm of Messrs Hafarizam Wan & Aisha Mubarak, in a letter dated Oct. 5, had demand a retraction, unequivocal apology and reasonable compensation for a statement published in an article entitled "MCA's Liong Sik Joins Call for Najib's Ouster for allegedly Putting People's Money in His Own Pocket." The article was published in Malay Mail Online on Oct 3.

Good to Drive Hard Bargain 

Kudos Tun Ling for putting a strong condition for the mediation that is Mohd Najib himself must be present at the pow-wow.

Ling's lawyers said, in the event their client was ready for mediation, it would be on the basis that Mohd Najib was present to ventilate all issues between themselves.

In a statement, the firm of Ranjit Singh & Yeoh said it was important that truth and transparency be the cornerstone of any discussion, without which there was no point to start the process.

But would Mohd Najib act differently in this case by confronting his accuser head-on when he had been avoiding others like members of his party at last month’s Umno General Assembly, the Parliament and the Wall Street Journal.

Issues relating to 1MBD and RM2.6-billion “donation” in his personal accounts were off-limit at the assembly. He promised to explain to the Parliament but did not. He threatened to sue the WSJ but is yet to proceed.

So would dare to face-off with Ling?

My experience with defamation suit is this. The plaintiff really does not have a case to bring to court if he or she did not demand to exercise the right of reply.

In the case of the alleged defamatory statement by Ling, the standard media practice is for Mohd Najib to respond to his allegation. Only if the paper that published Ling’s statement fails or refuses to publish his respond only then that he proceeds to take the paper and related parties to court.

But maybe the target here is Ling and not The Malay Mail because the paper is owned by a Chinese businessman who is said to be close to the Prime Minister.

Having won a high-profile criminal case involving the PKZ, Tun Ling stands in good steed to take on Mohd Najib in a civil case.

Wallahuaklam.