KUALA LUMPUR: The hearing of an application by two high-ranking officers and the government to strike out a RM100 million defamation suit brought against them by Hindraf legal advisor P. Uthayakumar has been postponed to Feb 23.
Judicial Commissioner Mohd Yazid Mustafa postponed the hearing, scheduled for today, in chambers after allowing Uthayakumar's application to file further affidavits.
Uthayakumar was represented by lawyers M. Manogar and N. Surendran while senior federal counsel Datuk Kamaludin Md Said appeared for the defendants.
Inspector-General of Police Tan Sri Musa Hassan, Attorney-General Tan Sri Abdul Gani Patail and the government sought to have the suit thrown out on grounds that the statement, which Uthayakumar claimed defamed him, was made to prevent feelings of hatred towards the government and avoid racial conflict.
In his defence, Musa said the media statement he made on Dec 6 last year was in his capacity as the country's highest-ranking police officer entrusted by law to safeguard the country's security and public order.
Musa said that Hindraf was an illegal organisation which had broken the law by holding an illegal rally on Nov 25 last year and instigating public unrest and public disturbance.
Musa, Gani and the government, in their statement of defence, also said that the alleged slanderous remark was made in their official capacities and on an occasion of qualified privilege because the Hindraf issue was a public order issue.
Uthayakumar, who was arrested on Dec 13 last year and detained with four others under the Internal Security Act for suspected involvement in organising the so-called Hindraf rally, had sued the three defendants for allegedly linking him with Sri Lanka terrorist groups.
In the suit filed on Jan 4, Uthayakumar said the remark, which was widely reported by the media, was slanderous and an attempt to destroy his credibility and reputation.
Bernama
02/12/08
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