Friday, 12 April 2013

Court rejects suit against TV3 babbit Nizar tweets issue WWW1

Mohammad Nizar  Jamaluddin

The High Court today dismissed a RM50 million defamation suit by former Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin for his tweets on TV3 involving a vehicle registration number WWW 1 a successful bid by the Sultan of Johor.

Judge Datin Yeoh Wee Siam said Mohammad Nizar tweets clear message that the Sultan of Johor's sarcastic use of public funds to acquire WWW 1 vehicle registration number in the bid.

He said the court did not agree with the suggestion that Mohammad Nizar tweetnya be interpreted based on the real meaning, and separated from any known fact, common understanding of the implications and the fair-minded.

"Based on the above considerations, the court dismissed the plaintiffs suit against defendants-defendants. Costs will be borne by both parties," he said.

Mohammad Nizar and publishers suing TV3 Bulletin Utama, Rohani Ngah, concerning his review of the number plate, which was bid at RM520, 000 by the Sultan of Johor, last May.

"The court agreed with the defendant's submission that the plaintiff tweet messages, read and understood by those who are rational, obviously sarcastic Sultan of Johor that he had used public funds to bid for the WWW 1," he said.

The judge also ruled that clear and authentic yet another message tweets Mohammad Nizar sparked great interest among the public.

Yeoh said the judge was correct as defendants counsel submitted that if the Sultan of Johor using his own money to bid for the WWW 1, it is his personal right.

"It is his money.'s No question use the money to help people. Sultan only be criticized if he bids the use of public funds," he said.

Thus, the judge said any reasonable people would decide tweets Mohammad Nizar does not directly imply or claim to the Sultan of Johor was using public funds to bid for the registration number.

He said it was clear that the news reports of public interest and the defendant has a duty to publish news of tweet messages plaintiff.

Yeoh said the judge was appropriate given the time of publication it was the right time when the topic was widely discussed and people can not wait hear it and clear the defendants of their responsibilities to deliver on time.

Yeoh judge, however, said the defendant failed to carry out journalistic responsibility for not getting confirmation on tweetnya Mohammad Nizar, and the failure was caused by bad faith on the part of the defendant.

"So the courts are more likely to allow the defendant is released from any liability for defamation plaintiff," he said.

He said the court found that the defense of fair comment dealings involving public interest was made clear by the defendant.

After the decision was Mohammad Nizar told reporters that he would discuss with his lawyer and see the judgment before deciding to appeal.

Counsel Mohd Fitri Asmuni and Mohd Zamri Ibrahim represents Mohammad Nizar while Liew Teck Huat, Lim Qi Si and Jason Wee represent the defendant.

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