PSM duo file counterclaim in construction firms’ defamation suit

 

Dr Michael Jeyakumar Devaraj and Sivaranjani Manickam say the suit by Beaks Construction Sdn Bhd and Suria Harmoni Resources Sdn Bhd is an abuse of process.

SHAH ALAM: Two Parti Sosialis Malaysia leaders have filed a counterclaim in a defamation suit brought by two construction companies against them for highlighting the story of a group of migrant workers to a news portal.

PSM chairman Dr Michael Jeyakumar Devaraj and central committee member Sivaranjani Manickam said Beaks Construction Sdn Bhd and Suria Harmoni Resources Sdn Bhd’s legal action was an abuse of process.

“It was filed with an improper purpose. It is categorised as a form of ‘strategic litigation against public participation’”, they said in court filings made early this month sighted by FMT.

They said the plaintiffs’ action is intended to unreasonably stifle their right to freedom of speech and expression under Article 10(1) of the Federal Constitution.

Jeyakumar and Sivaranjani claimed the companies have no chance of success in the defamation suit, but have formulated a disproportionate and impossible claim to pursue exorbitant damages against them.

“This action is not genuine or bona fide, but for the sole purpose of silencing the (migrant workers),” they said.

They said the companies filed a libel suit because they were unable to coax, threaten or pressure the migrant workers from withdrawing their police reports and claims of unpaid wages.

They said the plaintiffs were aware that without their assistance, the migrant workers would not have filed their claims.

Jeyakumar and Sivaranjani said the article published in Malaysiakini was not defamatory and, if it was, they were relying on the defences of justification, fair comment and qualified privilege.

Last month, the two and MKini Dotcom Sdn Bhd, the publisher of Malaysiakini, succeeded in setting aside a gag order obtained by the companies from writing or publishing about the plight of a group of migrant workers who complained about their employers to the labour authorities.

Shah Alam High Court judge Noor Hayati Mat said the companies had failed to give full and frank disclosure of the specific facts that transpired between the parties. - FMT