KUALA LUMPUR: Senior lawyer Datuk Mohd Zaid Ibrahim has filed a defamation suit against the Malaysian Bar and its president over an alleged malicious statement on Datuk Seri Najib Razak's SRC International Bhd final appeal at the Federal Court recently.
Zaid and two other lawyers, Liew Teck Huat and Reuben Mathiavaranam, filed the suit at the High Court here and named the Bar and Karen Cheah Yee Lynn as the first and second defendants, respectively.
All the plaintiffs were solicitors representing the former prime minister in his final Appeal at the Apex Court in August this year. The plaintiffs in their statement of claim alleged Cheah's media release entitled - 'Abuse of Process Brings Disrepute to Our Justice System' on Aug 9, had tarnished their reputations. The plaintiffs claimed that the statement had insinuated them of:
- Abused and brought the justice system into disrepute.
- Undermined the justice system through unscrupulous strategies.
- Perverted the course of justice.
- Abused the Court process.
"The defendants published the press release without notice to the plaintiffs and without seeking any verification or explanation from any of the plaintiffs.
"The defendants also failed to lodge any complaint to the Disciplinary Board but took upon themselves to find and determine that the plaintiffs were guilty of such misconduct," the statement said.
The plaintiffs also claimed that the impugned statement, among others, bore the imputation that the plaintiffs as senior members of the Bar deliberately acted unprofessionally by accepting the brief from Najib with an improper agenda to abuse the process of the Court. "The said words complained of in the press release were calculated to disparage, besmirch and damn the plaintiffs and each of them in the way of their professional capacities.
"The plaintiffs have suffered loss and damage and substantial embarrassment and loss of reputation, put considerable mental distress, prejudice and detriment," the statement said. The plaintiffs are seeking general damages, aggravated damages, and a permanent injunction restraining the defendants from making similar statements.
"The plaintiffs are also seeking a declaration that a press release published was not the right forum to deal with the alleged misconduct." Najib on July 25 appointed Mohd Zaid law firm to replace Shafee & Co in the final appeal of the SRC International case at the Federal Court, with Datuk Hisyam Teh Poh Teik as the lead lawyer in place of Tan Sri Shafee Abdullah. However, the Federal Court on Aug 23 upheld the conviction and sentence of 12 years in prison and a RM210 million fine imposed on Najib, who was found guilty of embezzling RM42 million in funds belonging to SRC International Sdn Bhd.