Pahang govt sues activist for defamation over logging issue

 

Environmental group Peka’s founder and president Shariffa Sabrina Syed Akil has been hit with a defamation suit by the Pahang government.

The state administration is suing her over her three statements on logging activities in the state.

Previously, the Pahang government issued a letter of demand for her to pay RM1 million in compensation and an apology over her comments carried on her Facebook page and an interview with a local daily.

Under the law, a civil action could be mounted in court if the receiver of the legal letter allegedly fails to abide by its demands.

According to a copy of the cause papers sighted by Malaysiakini, the civil suit was filed at the Temerloh High Court on April 7.

The Pahang government claimed that Sabrina made allegedly defamatory statements on her Facebook page on Dec 29 and 30 last year, as well as during her interview with Sinar Harian on Jan 12 this year.

The plaintiff claimed the defendant’s comments implied that it lacked transparency in permitting logging activities in Pahang.

The state administration alleged that her statements insinuated the floods which hit Pahang late last year were caused by alleged rampant logging.

“The plaintiff furthermore pleads that the defamatory words in the first, second, and third publications on a whole contained false and baseless allegations and amounted to serious defamation on the reputation and good name of the plaintiff as a state government which is responsible and competent in developing the state of Pahang as well as spearheading the development of the economy of the state of Pahang, as well as safeguarding the prosperity and/or safety and/or peace of the people of Pahang specifically,” the Pahang government claimed.

Broken branches and tree trunks were swept downhill by flood waters in Karak. Pahang, last year

The plaintiff claimed that following the floods, it contacted the state forestry and agriculture departments to investigate the cause of the floods.

“At least until today, the plaintiff had taken appropriate steps for rehabilitation of the areas affected by the floods by providing 51 temporary flood shelters and construction of new settlements for victims of the flood from areas and/or districts affected and/or identified as high flood-risk locations,” the state government contended.

The plaintiff alleged that Shariffa failed to abide by its letter of demand dated Feb 4 which sought for her to pay RM1 million in compensation and make an unconditional apology on her Facebook page.

Through the civil action, the Pahang government seeks RM1 million in special damages; aggravated and exemplary damages, and a five percent interest on the awarded sum from the date of the lawsuit until full settlement.

The plaintiff also seeks an injunction to prevent the defendant from further repeating the alleged defamatory statements; a written apology to be published on social media; costs; and any other relief deemed fit by the court.

Be open to criticism, Shariffa says

Meanwhile, in Shariffa’s statement of defence filed on May 23, the environmentalist countered that a state government cannot be defamed and its actions should be open to criticism from the people.

She contended that her statements were fair comments as they could be made honestly and reasonably by any fair-minded person based on true facts, in line with the right to freedom of speech and expression under Article 10(1)(a) of the Federal Constitution.

Peka’s founder and president Shariffa Sabrina Syed Akil

“The first to third publications touch on issues of public interest. Especially involving the current state of the environment in Malaysia and the importance of safeguarding and conserving the natural ecosystem in Malaysia.

“The defendant also pleads that the actions of a government are bound by the fair comments of the people.

“In this aspect, the first to third publications, despite not referring to the plaintiff, are fair comments,” she claimed.

Shariffa added that she constantly used her Facebook page to disseminate facts and raise awareness on environmental issues and the importance of safeguarding and conserving the environment.

“In light of the impact of environmental issues on all the people of Malaysia, therefore the defendant’s publications are timely and reasonable,” she contended.

The state government is represented by counsel from Hidayah Ishak & Partners, while lawyer Rajesh Nagarajan acted for the defendant. - Mkini