PUTRAJAYA: A lawyer defending an Umno leader who is appealing against a High Court decision early this month said his client had produced sufficient evidence to prove that several articles published against him were not true and were done with malice.
Alvin John said High Court judge Justice Ahmad Maarop had failed to find the words and statements in the articles concerned defamatory against his client.
He said the articles written on Terengganu Umno deputy chairman Datuk Idris Jusoh had not only caused damage to his reputation and career but also affected public confidence in him as well as in Umno and the Federal Government.
Idris is appealing against the High Court decision on Feb 14 to dismiss his application, with cost, for an inter-parte interlocutory injunction filed three days earlier.
Terengganu Mentri Besar Datuk Seri Abdul Hadi Awang and five others PAS secretary-general Nasaruddin Mat Isa, Warta Darul Iman chief editor Mohamed Jusoh, Harakah editor Zulkifli Sulong, Harakah publisher Angkatan Edaran ENT Sdn Bhd and Pencetakan Yayasan Islam Terengganu Sdn Bhd were named as the respondents in the appeal.
Justice Ahmad Maarop had said he could not conclude on the accuracy of the reports that allegedly defamed Idris, which were published in the state governments paper Warta Darul Iman on Jan 11 and in PAS official organ Harakah on Jan 16.
He said the accuracy of the reports could only be ascertained in a full trial.
John said the judge had erred by failing to consider that the articles were published in Harakah and Warta Darul Iman, which were newspapers under the control, ownership and influence of the six respondents.
He further submitted that the judge had failed to take into account the motives and malice of the respondents in publishing the articles in the two papers.
The facts do not support the allegations against the appellant as the said articles were published with malice, he said.
Hearing before Court of Appeal judges Justices Hashim Mohd Yusoff and Tengku Baharudin Shah Tengku Mahmud as well as High Court judge Justice Low Hop Bing continues today.
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