Not contesting the authenticity of recording, Hadi’s lawyers now take the position that the wording had been misinterpreted.
On Feb 28, following the release of the recording online, PAS central committee member Nik Mohamad Abduh Nik Aziz denounced the recording on his Facebook page, describing the claim that the speaker was him as “rubbish and slander”.
He also threatened that God would punish those responsible for what he called defamatory actions by disseminating the tape and for suggesting the speaker was him.
Later, he made statements publicly reported in the press as claiming that the recording was a “fake” and an election ploy created by his political enemies, again describing it as “defamation”.
Likewise, PAS secretary-general, Takiyuddin Hassan rejected demands for a prompt investigation by the party into the matter saying again that it was being “concocted by PAS” enemies.’
Now, lawyers acting for PAS president Abdul Hadi Awang in his defamation suit against whistleblower site Sarawak Report have admitted that the recording said to be of Nik Abduh is genuine, despite previous claims that it was a fake.
Sarawak Report quoted barrister Jacob Dean as saying Hadi had confirmed he would not contest the authenticity of the recording.
Explaining the apparent turn-around, Hadi’s legal team has stated that its position is that the wording on the recording has been misinterpreted and his position on the correct interpretation of recording will be set out in his reply to the defence due to be lodged at the High Court on 31 July 2018.
According to Sarawak Report, Hadi’s lawyers have indicated that Nik Abduh, along with others who were present at the time of the recording, will be among the witnesses called to give evidence at the trial.
Hadi had filed the defamation suit at the London High Court following an article by Sarawak Report editor Clare Rewcastle-Brown, which was published on Aug 6, 2017.
The article alleged that RM90 million was “reckoned” to have entered the accounts of top PAS leaders to woo them into supporting Umno and Barisan Nasional.
In her defence to Hadi’s suit last April, Rewcastle-Brown said the PAS leader was not named or identified in any statement in the article.
She said Hadi’s suit was an infringement of her right and that of the public to freedom of expression, especially in the discussion of political matters.
Rewcastle-Brown had sought to strike out the suit against her, but the London High Court dismissed her application on May 1.