PSM chairperson Dr Michael Jeyakumar Devaraj has told the Perak State Development Corporation (PKNP) that it should self-reflect after the body sued him for defamation for statements he made following the eviction of farmers from land in Kanthan, Perak.
“PKNP is now suing me for defamation. I received their papers on Feb 2, 2024.
“I will be getting a lawyer to represent me. My defence shall be that everything I said on Nov 1, 2023, at the Balai Polis was a true statement of fact.
“If PKNP’s reputation has suffered greatly, perhaps they should look into a mirror and try and figure out which aspects of their recent behaviour people are unhappy about,” he said in a statement yesterday.
According to a copy of the statement of claim cited by Malaysiakini, PKNP alleged that Jeyakumar’s statement was defamatory for falsely implying that the statutory body had contravened an interim court order.
In October last year, the Ipoh High Court issued an interim order against the eviction of six Kanthan farmers. The ruling is in relation to the farmers’ related ongoing judicial review, which is set for hearing next month.
PKNP said that the Ipoh High Court on Jan 4 this year ruled that the plaintiff had not breached the interim court order and dismissed the farmers’ bid for leave to commence contempt proceedings against the statutory body.
The plaintiff argued that while the farmers have filed an appeal at the Court of Appeal, the High Court order itself is still valid and enforceable.
Reputational harm, public backlash
PKNP alleged that its business reputation was negatively impacted by Jeyakumar’s statement, among them that the statutory body suffered a loss of confidence from potential investors, business partners, and the public in Perak.
The plaintiff, who noted that it takes pride in its socio-economic development, claimed that it has received public backlash, as well as lost the trust of its employees which impacted employee morale, and lost competitive edge and advantage over other corporations in Perak.
Among the reliefs sought by PKNP are general, aggravated, and exemplary damages, as well as an order to compel Jeyakumar and PSM to publish an apology.
The plaintiff seeks an injunction for the removal of all publications and online videos on the press conference, as well as an order to restrain Jeyakumar and PSM from repeating the allegedly defamatory statement.
Jeyakumar, who served two terms as Sungai Siput MP from 2008 to 2018, in his statement said that the issue began when 1800 acres of vegetable farming land in Kanthan were alienated to PKNP in 2011-2013.
“Initially PKNP considered leasing the land to the more than 200 farmers found there. And the farmers were keen to participate in the scheme.
“But PKNP changed its mind and decided to develop a major portion of that area as an industrial estate - now called Silver Valley Technological Park.
“The farmers there, represented by the Persatuan Petani Moden Kanthan have been appealing to the government to call off this project as it will mean the eviction of all these farmers,” he recounted.
October confrontation
He said that this area was developed as a vegetable farming area since before World War II and now is one of the most productive vegetable farming areas in Perak, producing more than 60 tonnes of vegetables and fruit per day.
“PSM has been supporting the Kanthan farmers in their attempts to get the government to call off the industrial park project because to us, preserving food-producing capacity is very important for our society in the longer term given climate change and geopolitical instability.
“On Oct 13, 2023, the Kinta Land Office suddenly issued 425 notices giving six farmers one week to vacate the land they and their families have been cultivating since before WW2.
“The farmers sent letters to the Land Office and to their MP, Prime Minister Anwar Ibrahim, appealing for time and discussion but the Perak Land and Mines Office and the PKNP came in on Oct 23, 2023, and started destroying the crops,” said Jeyakumar.
He recalled that PSM activist Chong Yee Shan was shoved to the ground, resulting in a fractured orbital bone and that four people were arrested.
“The lawyer acting for the farmers filed a judicial review and obtained a stay on Oct 24 and the demolition stopped on Oct 25,” Jeyakumar said.
He then claimed that PKNP got a new lawyer - Mah Weng Kwai - who had a new interpretation of the stay obtained, under which the stay only pertains to the legal steps mentioned in Section 425 of the National Land Code.
Jeyakumar said PKNP was advised that as the legal land owner, they have the right to evict anyone on their land and PKNP resumed demolition of the farms on Nov 1, 2023.
“That is the background to the statement that I made in Kanthan Police Station after lodging a report,” he said. - Mkini
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