Hakim Nik Hasmat Nik Mohamad, semasa membaca hujah penghakimannya berkata, walaupun akhbar berbahasa Melayu itu sudah menarik balik dan memohon maaf dalam tempoh 24 jam selepas penerbitan, artikel itu menimbulkan rasa benci orang ramai kepada Karpal (gambar kanan).
Beliau berkata, tarikh penerbitan artikel tersebut pada 25 Ogos, 2008 — sehari sebelum pilihan raya kecil Permatang Pauh, dan disiarkan oleh media arus perdana itu menunjukkan ia “berniat jahat”.
“Pada pandangan plaintif, sebagai pemimpin dalam Pakatan Rakyat (PR), dan pada masa artikel itu diterbitkan, ia dilihat sebagai cuba merosakkan peluang kemenangan,” kata hakim tersebut.
Karpal memfailkan saman RM10 juta kepada Utusan Malaysia pada 2008, dengan berkata kenyataan beliau disalah tafsir dalam artikel yang ditulis oleh pengarang berita Zulkifli Jalil.
Dalam artikel “DAP diingat jangan bakar perasaan Melayu” berdasarkan kepada ucapan Karpal pada Konvenyen Nasional DAP ke 15 pada tahun itu dimana Zulkifli sengaja mengatakan ahli politik tersebut menolak Islam sebagai agama Persekutuan.
Semasa perbicaraan, didapati bahawa Zulkifli tidak berada di dalam konvensyen tersebut.
Semasa sesi soal jawab, wartawan itu mengaku pada ketika itu, beliau mengandaikan “menolak negara Islam” dan “menolak Islam sebagai agama Persekutuan” membawa maksud yang sama.
Hakim Nik Hasmat menganggap ini adalah “kewartawanan tidak berhemah”, dengan berkata akhbar tersebut tidak memeriksa kebenaran artikel sebelum menyiarkannya.
Beliau berkata akhbar tersebut perlu bertanggungjawab dan mempunyai etika kewartawanan.
“Tidak seharusnya ada kewartawanan tidak berhemah dengan tidak memeriksa kebenaran, penulis juga tidak menyemak ketulenan sumbernya, dan bergantung kepada artikel yang ditemui pada Mingguan Malaysia,” katanya merujuk kepada edisi minggu Utusan Malaysia.
Hakim itu berkata, akhbar tersebut membuat pembetulan pada keesokan hari, walaupun dianggap “memohon maaf dengan ikhlas”, artikel tersebut adalah “sensitif” dan merosakkan kedudukan Karpal di mata rakyat.
“Malaysia adalah sebuah negara yang majoritinya beragama Islam, walaupun berbilang kaum, tetapi majoritinya negara ini beragama Islam,” katanya lagi.
Hakim Nik Hasmat juga membuat kesimpulan dengan melihat semua pertimbangan, beliau mendapati adalah munasabah untuk menganugerahkan Karpal RM50,000 sebagai ganti rugi dengan empat peratus kadar faedah setahun sehingga selesai, dan berjumlah RM20,000.
Dia bagaimanapun tidak membenarkan Karpal memohon untuk saman malu dan saman memberi tauladan.- malaysian insider
Court finds Utusan article ‘mischievous’, awards Karpal RM50k
Aunty Mei vs Adnan - gila, binatang and RM50 notes...
Confronted
by an angry senior citizen outside his office demanding an apology for a
remark he made, Pahang Menteri Besar Adnan Yaakob, after a round of
vulgar exchanges with the septuagenarian, reportedly took out a stack of
ringgit notes and offered to "buy food" for her.
"His action has disgraced himself. I don't feel insulted at all. Instead I despise him more. He is not fit to be the MB," said Tuw Yin Lan, the 71-year-old anti-Lynas Green March activist who is more popularly known as Aunty Mei.
"It has shown his personality and the true colours of the government," Tuw (left) told Malaysiakini when contacted today.
She was arrested after trying to demand an apology from Adnan outside the MB's office at the state secretariat building in Kuantan on Wednesday afternoon.
March to protest rare earths plant
Tuw was disgruntled with Adnan's earlier remark that the participants in the 300km Green March from Kuantan to Kuala Lumpur last month had only walked 200 metres and completed the rest of their journey "in luxury and in motorcars".
She was among those who joined the march organised by Himpunan Hijau to protest against Lynas rare earths refinery in Gebeng, Kuantan.
The heated confrontation between her and Adnan was reported in detail in yesterday's issue of Chinese daily China Press.
Adnan (right) arrived at his office some 45 minutes after Tuw, who was clad in the symbolic green T-shirt of Himpunan Hijau and armed with a poster, waited alone in front of the state secretariat building.
When Adnan took a quick glance at Tuw as he prepared to enter the building, Tuw shouted at him and demanded, in inarticulate Malay, that he apologises to all the Green March participants for his reported remarks.
This sparked a five-minute war of words between Tuw and the menteri besar, who is well known for his hot temper and crude language.
Tuw: I come to see you, apologise quick.
Adnan: Okay, I have met you. (Turns to enter the building)
Tuw (shouts): Say sorry quickly! You have said something wrong! Do you know I walked (in the Green March) that day?
Adnan: You say it properly. (You cakap baik-baik)
Tuw: I'm saying it properly. I'm talking facts.
Adnan: You say it properly. Don't you know who I am?
Tuw: Of course I know who you are. Everyone knows.
Adnan: Are you crazy? (You gila?)
Tuw: You are the crazy one.
Adnan then turns around and walks into the building, with Tuw shouting at his back.
Tuw: Quickly, say sorry! You lied.
Adnan turns back towards her.
Adnan: Quickly, go home and eat! Have you eaten? Do you have money? Adnan then asks the people who have gathered around: What is her job? Where is she staying?
Tuw: You are a beast! (You binatang) You think you are so powerful that you can simply talk nonsense and lies?
Adnan: If I am a beast, you are a beast too!
Tuw (tells the police present): Everyone can lie! But he cannot, quick go and arrest him!
According to the China Press report, Adnan then calmed down and took out a stack of ringgit notes (right), with which he tried to pacify Tuw, who then threw a poster she was holding at Adnan.
The police blocked her move.
The furious activist then tried to charge at Adnan, but he was stopped just in time by two of her friends who had rushed to the scene after being informed.
The
three were later arrested by police and taken to the Kuantan police
district headquarters to be investigated under Section 186 and 189 of
the Penal Code for obstructing a public servant in the discharge of
public functions and for threatening injury to a public servant.
They were released at around 4pm that day.
One of the three arrested, Wong Chun Yuan, told Malaysiakini that the stack of money that Adnan took out was in RM50 notes.
Wong claimed after the incident, another man approached him, also with a stack of RM50 notes, and asked him to take Tuw for a meal.
They were released at around 4pm that day.
He said he could not respond to this as the situation then was chaotic.
However, Tuw said she only learnt about the cash offering by Adnan after the incident.
"I did not see him taking out the money because it was very chaotic. If I knew about it, I would probably have spat on him," she said when contacted today.
China Press also reported that during the incident, an unidentified man clarified to Tuw that "Yaakob" was the name of Adnan's father, for Tuw had been shouting out that she wanted to meet "Yaakob".
Frustrated with the man, who repeatedly ask her to leave the scene, Tuw told him that he had a "big tummy" and should go on a diet.-malaysiakini
"His action has disgraced himself. I don't feel insulted at all. Instead I despise him more. He is not fit to be the MB," said Tuw Yin Lan, the 71-year-old anti-Lynas Green March activist who is more popularly known as Aunty Mei.
"It has shown his personality and the true colours of the government," Tuw (left) told Malaysiakini when contacted today.
She was arrested after trying to demand an apology from Adnan outside the MB's office at the state secretariat building in Kuantan on Wednesday afternoon.
March to protest rare earths plant
Tuw was disgruntled with Adnan's earlier remark that the participants in the 300km Green March from Kuantan to Kuala Lumpur last month had only walked 200 metres and completed the rest of their journey "in luxury and in motorcars".
She was among those who joined the march organised by Himpunan Hijau to protest against Lynas rare earths refinery in Gebeng, Kuantan.
The heated confrontation between her and Adnan was reported in detail in yesterday's issue of Chinese daily China Press.
Adnan (right) arrived at his office some 45 minutes after Tuw, who was clad in the symbolic green T-shirt of Himpunan Hijau and armed with a poster, waited alone in front of the state secretariat building.
When Adnan took a quick glance at Tuw as he prepared to enter the building, Tuw shouted at him and demanded, in inarticulate Malay, that he apologises to all the Green March participants for his reported remarks.
This sparked a five-minute war of words between Tuw and the menteri besar, who is well known for his hot temper and crude language.
Tuw: I come to see you, apologise quick.
Adnan: Okay, I have met you. (Turns to enter the building)
Tuw (shouts): Say sorry quickly! You have said something wrong! Do you know I walked (in the Green March) that day?
Adnan: You say it properly. (You cakap baik-baik)
Tuw: I'm saying it properly. I'm talking facts.
Adnan: You say it properly. Don't you know who I am?
Tuw: Of course I know who you are. Everyone knows.
Adnan: Are you crazy? (You gila?)
Tuw: You are the crazy one.
Adnan then turns around and walks into the building, with Tuw shouting at his back.
Tuw: Quickly, say sorry! You lied.
Adnan turns back towards her.
Adnan: Quickly, go home and eat! Have you eaten? Do you have money? Adnan then asks the people who have gathered around: What is her job? Where is she staying?
Tuw: You are a beast! (You binatang) You think you are so powerful that you can simply talk nonsense and lies?
Adnan: If I am a beast, you are a beast too!
Tuw (tells the police present): Everyone can lie! But he cannot, quick go and arrest him!
According to the China Press report, Adnan then calmed down and took out a stack of ringgit notes (right), with which he tried to pacify Tuw, who then threw a poster she was holding at Adnan.
The police blocked her move.
The furious activist then tried to charge at Adnan, but he was stopped just in time by two of her friends who had rushed to the scene after being informed.
Tuw and friends arrested
They were released at around 4pm that day.
One of the three arrested, Wong Chun Yuan, told Malaysiakini that the stack of money that Adnan took out was in RM50 notes.
Wong claimed after the incident, another man approached him, also with a stack of RM50 notes, and asked him to take Tuw for a meal.
They were released at around 4pm that day.
He said he could not respond to this as the situation then was chaotic.
However, Tuw said she only learnt about the cash offering by Adnan after the incident.
"I did not see him taking out the money because it was very chaotic. If I knew about it, I would probably have spat on him," she said when contacted today.
China Press also reported that during the incident, an unidentified man clarified to Tuw that "Yaakob" was the name of Adnan's father, for Tuw had been shouting out that she wanted to meet "Yaakob".
Frustrated with the man, who repeatedly ask her to leave the scene, Tuw told him that he had a "big tummy" and should go on a diet.-malaysiakini
Warga emas ditahan di pejabat MB Pahang...
Seorang warga emas serta dua rakan wanita berkenaan ditahan polis hari ini di bangunan yang menempatkan pejabat Menteri Besar Pahang Datuk Seri Adnan Yaakob.
Tuw Yin Lan, 71, serta dua rakannya ditahan selepas mendekati Adnan dan menggesa menteri besar itu meminta maaf atas kenyataan berhubung perarakan Himpunan Hijau bulan lalu.
Tuw yang dikenali dengan nama Aunty Mei merupakan salah seorang daripada peserta perarakan jalan kaki sejauh 300km dari Kuantan ke Kuala Lumpur itu.
Ketua publisiti Himpunan Hijau, Lee Chean Chung ketika dihubungi berkata, Tuw marah dengan dakwaan Adnan bahawa peserta berkenaan hanya berjalan sejauh 200 meter.
"Beliau menunggu di luar pejabat (Adnan) sejak jam 11 pagi. Apabila MB muncul, beliau tampil dan meminta (Adnan) memohon maaf, tetapi (Adnan) enggan," katanya.
Menurutnya lagi, turut ditahan bersama Tuw ialah seorang lelaki, Wong Chun Yuan dan seorang lagi wanita, Yip Fong Kiew.
Kesemua individu berkenaan kemudiannya dibawa ke ibu pejabat polis daerah Kuantan, katanya.- malaysiakini
cheers.
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