Maria Chin Abdullah told the Kuala Lumpur High Court today that Jamal Yunos implied in statements that she had links with terrorist group IS.
- Jamal allegedly called Bersih a lap dog of the anti-establishment and Maria a “circus animal of the opposition”, said that she would “bark like a dog”
- Tore letter from Maria’s lawyer and flushed it down toilet
- Claimed Bersih 2.0 infiltrated by IS
- Jamal’s lawyer suggested Maria’s late husband was a terrorist because of his links with the PLO
The Bersih 2.0 chairman said Jamal’s statements, carried in the print and online media, made her look like she was a terrorist who had no respect for the law.
“This put me in a bad light in the eyes of the general public,” Maria said in her witness statement.
She added that the Red Shirts leader’s statements in the media on Sept 28 and Oct 2, 2016 were widely published in the Internet which could be accessed in Malaysia and overseas.
She also revealed that she instructed legal firm Messrs Daim & Gamany to send Jamal a letter demanding a retraction, apology and payment of damages.
“The defendant did not respond to the notice but instead tore the letter and flushed it down a toilet at the Shah Alam Umno building,” Maria said.
She added that Jamal never contacted her for clarification before making the irresponsible remarks.
According to Maria, Jamal and his followers had an animosity towards Bersih and they often resorted to violence to provoke and intimidate its supporters who fought for a free and fair election.
On Sept 12, 2016, she said, Jamal called Bersih a lap dog of the anti-establishment and that she was a “circus animal of the opposition and would bark like a dog”.
She said Jamal had on Oct 20 declared an all-out war against a Bersih gathering and that he would mobilise Red Shirts members throughout the country to fight her supporters.
In Maria’s lawsuit filed on Oct 7, she claimed Jamal had last Sept 28 defamed Bersih 2.0 during a press conference outside the Putra World Trade Centre area and had last Oct 4 made similar remarks at another press conference at the Bukit Aman police headquarters compound.
Jamal purportedly claimed the Bersih 2.0 movement was infiltrated by terror group Islamic State, and accused it of plotting to surround two international airports and key government buildings.
Maria said the remarks had tarnished her reputation and good name.
She is seeking general and aggravated damages, as well as an injunction to stop Jamal from uttering or publishing similar defamatory remarks, either verbally, in print, or online.
Jamal is relying on justification and fair comment as defence to the lawsuit.
Maria was among 14 arrested by police on Nov 18, 2016, hours before the Bersih 5 rally and she spent 10 days in detention.
Police later announced that she was investigated under the Security Offences (Special Measures) Act 2012 (Sosma), which normally deals with terrorism-linked offences.
Police claimed they had obtained a document that led them to believe she could be involved in activities detrimental to parliamentary democracy in Malaysia, an offence under Section 124(c) of the Penal Code.
Minutes into the proceeding, Jamal’s lawyer V Mugunthan was called out in court for not being able to carry out questioning during a trial in Bahasa Malaysia.
The lawyer said it would be “easier and more efficient” to question Maria in English.
“You should have prepared the questions in BM prior to the trial today
“I will allow for the use of English during certain times, but to proceed in English for the whole trial is not possible, this is why you have a co-council,” said Justice Mohd Zaki Abdul Wahab.
Mugunthun’s co-council Mohammed Nasser Yusof then took over the questioning.
Maria dismissed a suggestion by Mohammed Nasser that her late husband Yunus Lebai Ali was a terrorist due to his links with the Palestine Liberation Organisation.
Meanwhile, Tun Dr Mahathir Mohamad’s lawyer Mohamed Haniff Khatri Abdulla said the appeal to dismiss Mahathir’s subpoena as a witness for Jamal will be heard on Wednesday.
Jamal previously sought the Inspector-General of Police Tan Sri Mohamad Fuzi Harun, his predecessor Tan Sri Khalid Abu Bakar and former prime minister Tun Dr Mahathir Mohamad as his witnesses in the suit.
“There is nothing in Jamal’s defence case that requires Dr Mahathir,” Mohamed Haniff said.
On Nov 14, the High Court allowed the application by Mohamad Fuzi to dismiss the subpoena served to him.