Umno Youth executive council member Wan Muhammad Azri Wan Deris has denied being blogger Papagomo, according to a court filing.
He made this denial in a statement of defence against a defamation suit by former finance minister Lim Guan Eng and his son Clint Li Way Chau.
On March 16 last year, via a media statement, Lim said he gave instructions to his lawyer to file a suit against Azri and a few others for allegedly spreading false news about him and his son.
Lim and Li filed the defamation suit against Azri on Oct 15 last year at the High Court in Penang, over an allegation that Li took RM2 million in undeclared cash into Singapore. The suit centred on an alleged Facebook posting dated March 14, 2020.
The suit was later allowed to be transferred to the High Court in Kuala Lumpur.
According to a copy of the statement of defence sighted by Malaysiakini, Azri disagreed with part of the suit’s claim that he is known as "Papagomo".
The Umno Youth exco was referring to Paragraph 3.1 in the defamation suit’s statement of claim that states: “At all material time, the defendant, who is also known as Papagomo, is a member of a non-corporate political organisation known as United Malays National Organisation or in short ‘Umno’ (Umno party)”.
“Paragraphs 3.1 to 3.2 are agreed to, except for that the defendant is known as Papagomo, and strict proof is placed (on the two plaintiffs) regarding the statement,” Azri contended in his statement of defence.
(Paragraph 3.2 of the plaintiffs’ statement of claim stated that the defendant holds the position of exco in Umno Youth.)
“The defendant also states that at all material time it becomes the responsibility of the plaintiffs to fulfil strict proof that the defendant is the owner of the Facebook account with the name Papa Azri as stated, and that the defendant had issued the defamatory statement through the Facebook page as stated by the plaintiffs (where it was not admitted),” Azri claimed.
The defendant contended that the impugned Facebook posting did not refer to Lim and Li.
“The defendant has never uploaded and/or published any defamatory statement towards the plaintiffs in Facebook as stated,” Azri claimed.
The defendant contended that the alleged defamatory statement (as claimed by the two plaintiffs) is general in nature (bersifat meluas) and not directed towards the plaintiffs.
Azri claimed that not a single picture, audio or video was uploaded to show that the impugned statement was issued by him or directed at the plaintiffs.
Furthermore or in the alternative, Azri also raised the defence of justification and fair comment against the lawsuit, in the event that the impugned statement was proven to have been directed to the plaintiffs by him (which he does not admit or dimana tidak diakui).
Under the law on civil action, a defendant may successfully raise the defence of justification if he or she could prove the allegation is true.
Meanwhile, the defence of fair comment is when a comment is made on matters of public interest, with no intent to harm the plaintiff.
Malaysiakini is in the midst of reaching out to the legal teams acting for the plaintiffs and the defendant for a response over the matter.
According to the online cause list at ecourtservices.kehakiman.gov.my, the suit is fixed for case management before the registry of the High Court in Kuala Lumpur at 9am today.
Through the defamation suit, Lim and Li are seeking general, aggravated and exemplary damages; interest on awarded damages; costs, and any other order deemed fit, appropriate and reasonable by the court. - Mkini
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