Blogger urged to remove readers comments
Soon Li TsinPublished: Jan 25, 2007 2:08 PM | Updated: Jan 29, 2008 6:21 PM
Lawyers representing New Straits Times Press (NSTP) today raised concerns over comments left in Ahirudin Attan's blog, citing sub judice rules.
NSTP and four others want comments discussing the defamation suit in Rocky's Bru blog to be removed as they risk prejudicing the case.
Lawyers representing New Straits Times Press (NSTP) today raised concerns over comments left in Ahirudin Attan's blog, citing sub judice rules.
Ahirudin's lawyer Edmund Bon told the press that the plantiffs - NSTP and four others - wanted comments discussing the merits of the case to be removed as they risked prejudicing the case.
"We were only told about it this morning that they want such comments removed so we will look into these comments and give the plaintiffs an answer on Monday.
"We will decide whether it is indeed sub judice [...] we have not taken a position yet whether we want to leave the comments in the site or remove it," he told reporters in Wisma Denmark, Kuala Lumpur today.
He stressed the comments were not related to what Ahirudin had written but what his commentators have been saying.
In the event Ahiruddin decides to contest the request by the plaintiffs, the court will then fix a date on Monday to hear the legal arguments.
Ahirudin, who runs Rocky's Bru, is being sued by NSTP, its deputy chairperson Kalimullah Hassan, chief executive officer Syed Faisal Albar, group editor-in-chief Hishamudin Aun and former group editor Brendan Pereira for defamation
Today's hearing was to have heard an application by the plaintiffs to stop Ahirudin from further defaming them and to remove 48 posts deemed defamatory to them.
Striking out application
However, Ahirudin, through his lawyer Bon, filed an application to strike out the defamation suit on grounds including:
the suit filed did not state clearly which alleged defamatory posts refers to which of the plaintiffs
the defendant would have trouble defending himself because of such unclear pleadings
the defendant is placed in a position where he does not know what case he is facing
some paragraphs refer to posting which are not part of the 48 postings that plaintiffs want removed
the process of discovery of the trial is akin to a 'fishing expedition'- the pleadings must first be concrete instead of being revealed during trial
This morning, justice Hishamuddin Yunus decided in his chambers, after 45 minutes of deliberation, to hear the striking out application first before hearing the injunction filed against Ahirudin. It will be heard on Feb 22.
Should the striking out application is successful, the defamation suit against Ahirudin will be dropped.
Appearing for Ahirudin were Bon, Malik Imtiaz Sarwar and Haris Ibrahim. Lawyers Cecil Abraham, Sunil Abraham and Rishwant Singh appeared for the plaintiffs.
Supporters in court
More than 20 supporters were present outside the courtroom including blogger Jeff Ooi who is similarly sued by NSTP for defamation.
Ahirudin and Ooi revealed last Thursday that they were being sued for defamation by NSTP.
NSTP has already obtained an interim injunction ordering Ooi to remove the 13 alleged defamatory postings on his blog. However a proper application is due to be heard on Jan 30.
The plantiffs have also applied to the court today to remove comments pertaining to their defamation suit which appeared in Raja Petra Kamarudin's Malaysia Today blog.
Ahirudin's lawyer Edmund Bon told the press that the plantiffs - NSTP and four others - wanted comments discussing the merits of the case to be removed as they risked prejudicing the case.
"We were only told about it this morning that they want such comments removed so we will look into these comments and give the plaintiffs an answer on Monday. "We will decide whether it is indeed sub judice [...] we have not taken a position yet whether we want to leave the comments in the site or remove it," he told reporters in Wisma Denmark, Kuala Lumpur today.
He stressed the comments were not related to what Ahirudin had written but what his commentators have been saying.
In the event Ahiruddin decides to contest the request by the plaintiffs, the court will then fix a date on Monday to hear the legal arguments.
Ahirudin, who runs Rocky's Bru, is being sued by NSTP, its deputy chairperson Kalimullah Hassan, chief executive officer Syed Faisal Albar, group editor-in-chief Hishamudin Aun and former group editor Brendan Pereira for defamation
Today's hearing was to have heard an application by the plaintiffs to stop Ahirudin from further defaming them and to remove 48 posts deemed defamatory to them.
Striking out application
However, Ahirudin, through his lawyer Bon, filed an application to strike out the defamation suit on grounds including:
the suit filed did not state clearly which alleged defamatory posts refers to which of the plaintiffs
the defendant would have trouble defending himself because of such unclear pleadings
the defendant is placed in a position where he does not know what case he is facing
some paragraphs refer to posting which are not part of the 48 postings that plaintiffs want removed
the process of discovery of the trial is akin to a 'fishing expedition'- the pleadings must first be concrete instead of being revealed during trial
This morning, justice Hishamuddin Yunus decided in his chambers, after 45 minutes of deliberation, to hear the striking out application first before hearing the injunction filed against Ahirudin. It will be heard on Feb 22.
Should the striking out application is successful, the defamation suit against Ahirudin will be dropped.
Appearing for Ahirudin were Bon, Malik Imtiaz Sarwar and Haris Ibrahim. Lawyers Cecil Abraham, Sunil Abraham and Rishwant Singh appeared for the plaintiffs.
Supporters in court
More than 20 supporters were present outside the courtroom including blogger Jeff Ooi who is similarly sued by NSTP for defamation.
Ahirudin and Ooi revealed last Thursday that they were being sued for defamation by NSTP. NSTP has already obtained an interim injunction ordering Ooi to remove the 13 alleged defamatory postings on his blog. However a proper application is due to be heard on Jan 30.
The plantiffs have also applied to the court today to remove comments pertaining to their defamation suit which appeared in Raja Petra Kamarudin's Malaysia Today blog.
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