RM19 mln suit against former Cash members withdrawn

by Murib Morpi. Posted on April 15, 2011, Friday

Hashima (left) and Nordin addressing a press conference to announce the court decision to struck out RM19 million defamation suit against them yesterday.

KOTA KINABALU: Two former Sabah Consumers Association (Cash) members were freed on Wednesday from a RM19 million defamation suit after the court here struck out the case filed against them by the de-registered association last year.

Former Cash secretary general Hashimah Hasbullah Yahya and former vice president Nordin Thani escaped the lawsuit after the plaintiffs, namely former president Datuk Partick Sindu and 18 other office bearers of the association, withdrew from the case.

“With the plaintiffs having withdrawn their lawsuit, the public can now judge whether it is an indication of who was right and who was wrong.

“Actually I would prefer if they did not withdraw and let the hearing conclude instead, so that all the questions that have led to the suit in the first place could be answered once and for all,” Hashimah told a press conference to announce the court’s decision yesterday.

Hashimah added that she and Nordin have been trying to tell their side of story and were hoping the lawsuit hearing would provide them just that.

They were sacked by the association in February last year after they lodged a police report earlier against Patrick whom they accused of misappropriating Cash’s funds.

The defamation suit was filed shortly in the following month the same year, where Patrick and the 18 other plaintiffs had claimed damages totalling RM19 million from the defendants.

Patrick and the 18 others alleged that the duo (Hashimah and Nordin) had caused publication of defamatory articles about them in the media on separate occasions last year, causing injury to their reputation, embarrassment and distress, as well as hurting their families and business.

Among these statements were: “report was lodged against a Cash senior official for alleged CBT”; “some money had been withdrawn without the defendant’s (Hashima) knowledge and the committee”; “Patrick to step down in order to save the association and to do a house cleaning”; and “Senior official of the association for alleged misappropriation of funds”.

Other statements include: “The funds were never declared to the association’s executive committee and the withdrawal was not approved”; “police report lodged against top association official over the alleged abuse of funds,”; “urged the relevant authorities like the police and Registrar of Societies (ROS) to act accordingly to stop this top official and his associates from continuing to mislead the public”.

They were also seeking an injunction restraining the defendants from further publishing or causing to be published defamatory words concerning the plaintiffs or Cash.

The other plantiffs were James Bagah, Michael Wong Tet Ming, Sylvester Taing, Ali Ahmad, Nagaraju A/L Applasamy, Augustine Aling, Donny Yap Tai Hua, Alex Huang Tzin Tat, Alexcius Mangka, Prakash Natesan, Lee Lai Meng, Danah Matsah, Kanul Gindol, Saimon @ Jasni Musa, Claudius George, Jeam Suali, Padris Sittim and Duin Tarang.

As the case against the defendants had been dropped, Nordin said he could now move on and concentrate on promoting and tackling issues on consumerism.

“There are many issues that need our attention, like the parking issue in Kota Kinabalu,” said Nordin who had set up the Consumer Front of Sabah (CFS) not long after the controversy led to the de-registration of CASH.

Hashimah said she too is still very passionate about consumerism and would remain an active activist to promote and protect the rights of consumers in the State.

Asked if she would consider joining CFS, where Nordin is the president, she said there is a good possibility.

To another question, she said filing a counter-suit against her former boss was not possible at the moment due to legal technicalities but she would consider the option should it arise in future, depending on whether the plaintiff would seek another lawsuit against her.

Related link :-

www.freemalaysiatoday.com/2011/04/14/court-throws-out-rm19-mil-defamation-suit/

http://www.utusan.com.my/utusan/info.asp?y=2010&dt=0315&pub=Utusan_Malaysia&sec=Terkini&pg=bt_30.htm