Businessperson Deepak Jaikishan told the Kuala Lumpur High Court today that former international trade and industry minister Azmin Ali’s “dark and nasty” public statement against him had ruined his birthday last year.
Deepak was testifying as a witness for plaintiff J&E Advance Tech Sdn Bhd who is suing Azmin (above) for defamation over the allegation that the company obtained a government contract to import eggs from India without open tender.
During examination-in-chief by the company's counsel Weera Premananda, the witness rubbished the statement Azmin made during a ceramah.
Deepak clarified that the government had granted an import licence for the company to bring in eggs from India, and that there was no issue of open tender or direct negotiation at all.
"It was my birthday on March 11 when all the news (about Azmin's ceramah) came out.
“It was a cruel thing for Azmin to lie about me on stage like that, it hurt me while I was cutting my birthday cake," Deepak told judicial commissioner Leong Wai Hong.
Regarding an excerpt from Azmin's statement whereby Deepak was mentioned as “Rosmah's friend”, the 52-year-old labelled it a lie as the wife of incarcerated former prime minister Najib Abdul Razak - Rosmah Mansor - is his enemy.
"Everyone knows she is my mortal foe, for she had destroyed me and my business.
“She is definitely not my friend," Deepak said during cross-examination by Azmin's counsel Nizamuddin Abdul Hamid.
The businessperson claimed that Azmin's statement defamed not just him but the actual plaintiff in the suit.
J&E Advance Tech’s general manager and technical manager is Deepak’s younger brother Rajesh Jaikishan.
During proceedings earlier today, Rajesh testified that there was no direct negotiation with the government for the firm's import of eggs from India.
"They (allegations) are all untrue. There was no direct negotiation whatsoever.
“This was a transparent (import) application through the Veterinary Department for the import of eggs (from India), due to a shortage of eggs in the country (Malaysia).
"We went through the process of sourcing eggs from India and went through their Health Regulatory Department, and submitted company documentation to Indian and Malaysian agencies for approval," Rajesh told the court.
The trial will resume on Friday, where Azmin is expected to take the witness stand and rebut the defamation suit against him.
Direct negotiation claim
Early last year, the company filed the defamation action over Azmin’s speech in Kuala Lumpur on March 11 last year, particularly a portion of the speech where the former Selangor menteri besar alleged that Deepak had obtained the contract to import the eggs through direct negotiation.
In January last year, the government approved egg imports from India until June to address a severe shortage of chicken eggs in the local market.
In his statement of defence, Azmin denied trying to defame the 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 defendant noted that his speech never mentioned the company’s name and was referring directly to the government and Deepak.
In the company’s reply filed on Aug 11 last year, 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 Agriculture and Food Security Minister Mohamad Sabu on March 8 last year.
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. - Mkini
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