Egg importer's suit: I was just questioning govt's open tender promise - Azmin

 

Former international trade and industry minister Azmin Ali denied trying to defame an egg-importing firm in his speech, stating that he was just questioning the Anwar Ibrahim administration’s promise for an open tender for all government procurement.

The Hulu Kelang assemblyperson said this in his statement of defence against a defamation suit by J&E Advance Tech Sdn Bhd.

Previously, the egg-importing company filed a civil action over Azmin’s speech in Kuala Lumpur on March 11, particularly a portion of the speech where the former Selangor menteri besar claimed businessperson Deepak Jaikishan had obtained the contract to import the eggs through direct negotiation.

In January, the government approved egg imports from India until June to address a severe shortage of chicken eggs in the local market.

According to Azmin’s defence filed on July 27 at the Kuala Lumpur High Court, the defendant raised the defence of justification (ready to prove the truth of an allegation in court).

Azmin pointed out that Agriculture and Food Security Minister Mohamad Sabu in a written parliamentary reply on March 1 had said that only one company from India was allowed to import eggs from India for a certain temporary period.

The defendant said that seven days later, the minister had announced the plaintiff as the sole firm allowed to import eggs from India and that the giving of the import permit was not done via open tender.

‘No company’s name mentioned’

Azmin then referred to Ayer Hitam MP Wee Ka Siong’s statements during a parliamentary sitting that criticised the government’s act of only allowing one firm to import eggs from India.

“At all material times, the defendant as Perikatan Nasional information chief, with PN being an opposition in Parliament and/or government, the defendant thus was merely questioning the government’s promise to enable open tender for all government procurement.

“The defendant pleads that the defendant’s speech was merely questioning the government’s promise and with no intent to defame anybody,” Azmin claimed in his defence sighted by Malaysiakini.

The defendant noted that his speech never mentioned the company’s name and was referring directly to the government and Deepak.

Businessperson Deepak Jaikishan

Azmin assured that his speech was not driven by bad intentions and was never meant to give the impression that the company was involved in corrupt or criminal activities.

He also raised the defence of fair comment, whereby his speech was made in the public interest, whereby the public has the right to obtain information on such public interest matters.

Company’s reply

In the company’s reply filed on Aug 11, the plaintiff countered that Azmin’s statement was defamatory at the beginning of his speech and in the later portion as it made an allegation that certain quarters were involved in malpractice, which in the minds of any reasonable listener would indirectly refer to the company.

J&E Advance Tech said despite Azmin’s speech not naming it, the company pointed out that it is general knowledge that the plaintiff is the sole importer of eggs from India, courtesy of its name being mentioned by Mohamad on March 8.

"Azmin should have known how the manner in which his speech was made - such as by touching on the price and grade of the eggs - would have an impact on the firm’s business.

“By touching on the price and category of the imported eggs, the defendant had given the impression to the public that the size of the eggs does not tally with the price, and thus leading to the general public being deceived,” the company said.

J&E Advance Tech is represented by law firm S Ravichandaran & Anuar, while lawyers from firm Zharif Nizamuddin acted for Azmin.

Through the civil action, the plaintiff is seeking unspecified general, compensatory, aggravated, and exemplary damages.

The firm seeks an injunction to prevent Azmin from further defaming it, as well as five percent interest on any judgment sum awarded, costs, and any other relief deemed fit by the court.

On June 12, the company filed for judgment in default of appearance against Azmin. However, the defendant entered an appearance in the lawsuit a day later.

Under the law, a defendant entering appearance means that he or she intends to respond to the plaintiff's civil action, such as by filing a statement of defence. - Mkini