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KUALA LUMPUR: Hindu Rights Action Force legal advisor P. Uthayakumar has filed a RM100mil defamation suit against the Government and its two high-ranking officers for allegedly linking him with terrorist groups. The lawyer, who is currently being detained under the Internal security Act (ISA) at the Kamunting detention centre, named IGP Tan Sri Musa Hassan and Attorney General Tan Sri Abdul Gani Patail as defendants.
Uthayakumar said both had falsely and maliciously caused to be written and published defamatory words about him and that the allegation of him having terrorist links were "fabricated and politically motivated." He claimed the defendants made the allegations more than 10 days after a massive peaceful gathering on Nov 25 last year that was organised by Hindraf. He said that it was an attempt to destroy his credibility and reputation.
He filed a writ of summons and a statement of claim through his lawyers M. Manogar and N. Surendran at the High Court civil registry at 9.11am Friday. Also present is Uthayakumar’s fiancee, S. Indra Devi, 37, and his supporters.
In the statement of claim, he stated that the words used by the defendants that were published by the media had the meaning that he was a terrorist. Uthayakumar said the said words also meant that he intended to use violent means to achieve his objectives adding that among others, the said words also meant that he was an immoral person and that he was not a law-abiding citizen. He said the publication of said words had brought him into public scandal, odium and contempt and has suffered serious damage, both in Malaysia and throughout the world.
The defendants, he said, had failed to produce any evidence whatsoever to substantiate their allegation of terrorism. He stated that the act of irresponsibility, bad faith and mendacity on the part of defendants entitled for him to get aggravated and exemplary damages. Uthayakumar is asking the High Court to give him an injunction to restrain Musa and Gani or their agents from further publishing or causing to be published any similar libel upon him. He is claiming for RM100mil in damages for libel and other costs and relief deemed fit by the court.
NST:Uthayakumar files RM100 million suit agains govt and police
Lawyer P. Uthayakumar filed a RM100 million defamation suit against the Inspector-General of Police, the Attorney-General and the government today for linking him with a terrorist group based in Sri Lanka.
Terror link: Uthaya slaps gov’t with RM100m suit
http://www.malaysiakini.com/news/76669
Jan 4, 08 3:53pm
Hindu Rights Action Force legal adviser P Uthayakumar, presently under a two-year detention under the Internal Security Act, today filed a RM100 million defamation suit against the government for linking him with a terrorist group.
In the suit which was filed at the Kuala Lumpur High Court registry in Jalan Duta, Uthayakumar also named Inspector-General of Police Musa Hassan, Attorney-General Abdul Gani Patail as the other two defendants.
He claimed that he had been defamed by being linked to the Liberation Tigers of Tamil Eelam (LTTE) which is seeking a separate state in Sri Lanka. The United Nations had declared the LTTE as a terrorist group.
The suit was filed by Uthayakumar’s counsel M Manogar.
“Both the police chief and the attorney general have gone on record to announce that Uthayakumar is a threat to national security because of his links with terrorist organisations.
“Where is the evidence? If there is any evidence, charge Uthayakumar in the open court. Uthayakumar is claiming RM100 million for defamation,” Manogar told AFP.
Uthayakumar, 46, is seeking aggravated damages, exemplary damages, an injunction to restrain the IGP and AG or their agents or servants from further publishing or causing to be published the said or any similar libel, costs and other reliefs deemed fit by the court.
In his statement of claim, he said that media statements by Musa that Hindraf had links with the terrorist group were widely reported in all the major local dailies in the country. He claimed that this had destroyed his credibility and reputation.
He claimed that Musa’s statements had portrayed him as a terrorist and that he had intent to use violence to achieve his objectives in overthrowing the government.
He said he decided to file the suit after all the defendants failed to respond to his letter dated on Dec 12 last year, demanding that they retract all the allegations and apologise to him.
Seeking support and help
On Dec 6, Musa issued a press statement stating that Hindraf was trying to solicit help and support from terrorist groups.
“Of late there have been indications that Hindraf is trying to seek support and help from terrorist groups,” Musa had said.
A day earlier Abdul Gani, while rejecting bail 31 Hindraf supporters who were charged for illegal assembly and attempted murder, had similarly alleged that Hindraf had links with the Tamil separatist movement LTTE.
Uthayakumar had vehemently rejected these claims then.
“Let me repeat this. We are definitely not trying to get help or support from any terrorist groups,†he had said.
Uthayakumar was arrested under the ISA on Dec 13 with four others – M Manoharan, 46, V Ganabatirau, 34, K Vasantha Kumar and R Kenghadharan, 40, – for allegedly being a threat to the security by involving in organising illegal gatherings and for alleged sedition.
