Anwar file defence and counter claim against Hishamuddin...

Opposition Leader Anwar Ibrahim has filed his defence and counter-claim in a defamation suit by Home Minister Hishammuddin Hussein over the sex tape. Anwar, who is Permatang Pauh MP, filed his defence and counter-claim on Monday, along with the full transcript of the press conference.

He is seeking damages for slander, damages for misfeasance of public office (failing to stop the screening of the tape), and aggravated and exemplary damages. Anwar's application was filed by Messrs Faiz and Co.

The matter came up for case management today at the Kuala Lumpur High Court before Judicial Commissioner Wazeer Alam Mydin Meera. Wazeer fixed June 3 for case management and ordered Hishammuddin to file his reply to Anwar's defence by June 1. Hishammuddin is represented by Cecil Abraham, while Leela Jesunathan represented Anwar.

'Video a personal attack'

In Anwar's defence, he claimed qualified privilege and alleges that as a former deputy prime minister and present opposition leader he has made various police reports against whom he made complaints (in his police report). Since 1998, Anwar claimed that he had faced numerous allegations and attacks on his character by Umno and BN politicians.

“I have always consistently maintained that the allegations and attacks form part of a political conspiracy and persecution against me by politicians from the ruling coalition who had abused their statutory and governmental powers,” he said.

“The present video is the latest series of such personal attacks made against the defendant. There is much publicity given particularly by the government-controlled press to all these allegations including that of the video,” said Anwar.

Anwar claimed the 'Datuk T' trio had in their press statements stated their aim was to force the defendant (Anwar) and his wife (Dr Wan Azizah Wan Ismail) to step down from politics. The Permatang Pauh MP said Hishammuddin and various members of the BN, in an immediate reaction to the video, had questioned if he (Anwar) was fit to remain in politics, rather than the criminal activities of the trio.

Anwar claimed the video was sensationalised before the Sarawak state election where the state assembly was dissolved on March 21, the same day the video was shown. In the circumstances, Anwar alleged he and the public have a common or corresponding interest in the subject matter of the video and also Hishammuddin's reaction to its screening in the exercise of his duties as home minister.

“The words published in the reasonable protection of my own legitimate interests as leader of the opposition and Permatang Pauh MP to the public who had a corresponding interest in receiving it,” Anwar claimed.

Anwar also alleged his statement was fair comment and was with justification. This means the criminal acts of displaying pornographic material, criminal defamation and intimidation against Anwar and Wan Azizah were tolerated by the police and the home minister who had supervisory powers.

Anwar claimed that Hishammuddin as the minister ought to have known about the screening and had allowed the video screening to proceed. This proves, he alleged, that the screening was politically motivated.

Hishammuddin liable for police actions

Anwar further claimed in his defence that the 'Datuk T' trio has not been charged with the offences of possessing, screening and distributing obscene material (section 292 of the Penal Code), criminal defamation (section 499, 503) and criminal intimidation (section 507). Anwar further contended that police had since the screening issued statements contrary to established professional practise that the person in the video has been identified but to date did not disclose who the person is.

He further claimed that in several seminars organised in Bachok and other areas in Kelantan, a senior police officer told a group of teachers that the person in the video is the defendant. Anwar also alleges Minister in the Prime Minister's Department Nazri AzIz was reported to have said it is “more important to identify the actor and not kill the messenger”.

The opposition leader claimed snippets of the video were released on the Internet on April 4 and 28 this year and also screened on prime time news, although the trio claimed to have given the police the only copy. Anwar further denied that what he said in the press conference following the report he lodged was false. Following this, he applied that Hishammuddin not be entitled to seek relief to his civil suit.

Suing back Hishammuddin

Citing various media reports quoting Hishammuddin, Anwar filed a counter-claim alleging the minister's statement was malicious and with the innuendo that the opposition leader was unfit for public office. It gives weight to the assertion by the trio that it was the defendant who was the person in the video as it was evident from Hishammuddin's comments and references that he was referring to the defendant, Anwar said.

Anwar claimed that newspaper editors and journalists had received the trio's press statement that the defendant had been explicitly named as the person in the video, and referred to the fact that Anwar was the only opposition leader subjected to numerous attacks of a personal nature by Hishammuddin and other BN leaders since 1998.

Resulting from this, the Permatang Pauh MP alleged Hishammuddin had defamed him and claimed that the minister's action in failing to stop the screening of the video was contrary to his duties and responsibilities as home minister. He further contended that Hishammuddin had committed misfeasance in the execution of his public office and hence would like to seek damages for injuring his reputation. - Hafiz Yatim.

source:malaysiakini

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