Daily Express fails to strike out Ismail Sabri's suit

The application by Sabah newspaper Daily Express to strike out a RM10 million suit by Rural and Regional Development Minister Ismail Sabri Yaakob has been dismissed.

In view of this, Justice Nordin Hassan also ordered newspaper owners Sabah Publishing House and newspaper editor James Sarda to pay RM3,000 for costs.

Case management has been fixed for Oct 24.

Ismail Sabri had sued the newspaper over an article involving turtle eggs being served at an Umno function in Sabah.

The newspaper had argued that the suit should have rightfully been filed in Sabah, but Justice Nordin ruled that the article first appeared on Daily Express'website, which is accessible in Peninsula Malaysia.

The judge also noted that the plaintiff was from Pahang.

Ismail had filed the suit in March over three Daily Express articles which were published between Jan 24 and Sept 9 in 2015.

The Bera MP claimed the articles implied that he was evading responsibility, had no respect for the Wildlife Conservation Enactment 1967 and showed complete disregard for the investigation process despite being a federal minister.

Ismail complained that the newspaper continued to publish the articles without seeking his comments or views, nor those of relevant government departments as to whether he refused to cooperate with investigators.

Sabah Publishing House, in its defence filed in May, claimed that the articles published were not wrong and denied that it acted in bad faith against the minister and challenged Ismail to provide ample proof of his allegation.

It further denied that it published the articles without seeking Ismail's comments and that the reports were without verification from the government departments.

The company further denied that the articles were libellous and hence they did not injure the minister or affect his personal or political reputation and standing in society.

The defendant, pleading the defence of qualified privilege, further denied that the articles resulted in Ismail having to face public odium and hatred, and that it has full trust in what was reported. -Mkini