Kuala Lumpur High Court Senior Assistant Registrar Puan Lailatul Zuraida Harun has dismissed with costs sacked Malaysia Airlines senior vice president (cargo) Ralph Manfred Gotz's application for more than RM90 million in damages in a defamation suit against Airfreight Forwarders Association of Malaysia (Afam) chairman Walter Culas and his association.

The court made the decision after hearing oral submissions from the defendants' counsel Mathew Kurien yesterday and also ordered the plaintiff to pay costs of the action.

A similar order was also made in favour of two other defendants, Business Times (Malaysia) Sdn Bhd and The New Straits Times Press (Malaysia) Bhd.

Absent

The plaintiff did not turn up in court for the hearing nor was he represented as his solicitors Messrs Dennis Nik & Wong had applied successfully in February this year to the court to discharge themselves and cease to act for him.

They had not been able to contact the plaintiff and could not locate him, despite making many attempts.

Kurien told malaysiakini he was not aware whether the plaintiff, a foreigner, had abandoned the suit or was still in the country.

Gotz who was dismissed by MAS following its take-over by a new management about three years ago had filed the claim against Culas and Afam for damages for alleged libel totalling more than RM90 million including interest and costs.

He filed the defamation suit o­n May 23, 2001.

The two defendants disputed the claim and filed their defence in the action.

Security not paid

The matter came up for hearing o­n Thursday morning before the Senior Assistant Registrar to hear the two defendants' application to strike out the plaintiff's claim.

The basis for the defendants' application to strike out the plaintiff's suit was founded o­n the plaintiff's failure to pay into court within 14 days a total sum of RM80,000 as security for the defendants' costs of the suit in the event he failed in the action.

Gotz had agreed in court to pay the money based o­n a consent order made by agreement of the parties o­n June 25, 2002.

After his failure to comply with the court order, the solicitors representing the plaintiff applied to discharge themselves and cease to act for him.

Gotz formed part of the top-level management team in the airline that left in a shroud of controversy. Investigations were also carried out o­n alleged irregularities in the running of the airline after the new management team took over.