SK KULAMBAI HEAD MASTER DEMAND APPOLOGY

Dear Editor,

WE REFER to wrongful publication and dissemination of scandalous article under the guise of 'Guru Besar SK Kulambai atau Ketua Mafia' at Sabahkini.net on November 21, 2011 and we act for our client, Mr Madrin Bin Yakub.

We have been instructed that;

i) You have on 21.11.2011, wrongfully and unlawfully cause to depict a publication and dissemination of a scandalous article at Sabahkini.net against our client wherein our client is a "Ketua Mafia";

ii) You have made outrageous allegations against our client, inter alia, as follows;

a. "PENDERAAN dan kezaliman seperti ini hanya dilakukan 'Ketua Mafia', tetapi di SK Kulambai, Kota Belud, Guru Besarnya, Haji Madrin Hj Yakub tiba-tiba merubah sikap menjadi 'Ketua Mafia' yang langsung tidak bertimbang rasa apabila mendera seorang pelajar perempuan tahun 5 melakukan 'Ketuk Ketampi' 70 kali semata-mata kerana dalam bilik darjah berkenaan banyak sampah" (Paragraph 1 of your publication);

b."....akibat tindakan tidak berperi kemanusiaan Guru Besar SK Kulambai, anak perempuannya trauma untuk ke sekolah";

c."....tetapi penderaan terhadap anaknya adalah kezaliman yang tidak boleh dimaafkan";

d."Kenapa anak saya jadi sasaran ketuk ketampi 70 kali, sedangkan pelajar lain antara lima hingga 10 kali sahaja....";

e."Pembantu Perubatan Hospital Kota Belud yang bertugas ketika itu mengesahkan anak saya didera secara keterlaluan setelah saya melaporkan kejadian ini kepada polis"; and

f. "Isu penderaan terhadap kanak-kanak ini tidak boleh dipandang remeh kerana kerajaan buat sekolah sebagai Pusat Pendidikan dna melahirkan modal insan yang berbudi pekerti dan bukannya Pusat Penderaan atau penjara...."

iii) Such allegations are baseless, wrongful, scandalous, disparaging, deprecatory, deregatory and/or defamatory;

iv) Such allegations are defamatory agains our client as to which a grave libel has been perpetuaued by you against our client;

v) As a consequence of such allegations, our client's reputation has been seriously damaged and/or tarnished. Our client has thereby suffered considerable distress and embarrassment by being put into public ridicule, odium and contempt as a result of the said defamatory article. Moreover, such allegations had cause great annoyance and anxiety to him and if believed (which we contend it has), had cause irreparable harm to his scholastic career as a primary school head master; and

vi) Such act and/or conduct can only lead one to infer that you acts and/or conduct are meant and/or calculated to impute and/or bring our client into disrepute, to humiliate her and/or cause him to be a subject of ridicule, in his profession, particularly that of a promary school headmaster with malice aforethought (evil motive, spite and/or ill-will) on your part.

Our client has vehemently denied all the allegations you have wrongfully cause to be published and disseminated about him.

In the circumstance, TAKE NOTICE that we are instructed to, which we hereby demand that you do;

a) Acknowledge that all your allegations about our client are wholly untrue and outrageous in nature to be made in the place;

b) An appropriate publication of retraction of the publication in question made by you against our client and the dissemination of it;

c) Put up an unqualified apology on terms to be approved by our client to be put published in Sabahkini.net as well as such persons to whom you have published such untruths as well as such persons as our client deem fit; and

d) any other means or ways that are necessary to be carried out in order to vindicate his reputation as our client deems fit.

TAKE NOTICE that our client's aforesaid demands are strictly without prejudice ho his rights to claim damages against you for defamation and all other tortious acts including but not limited to malicious falsehood, conspiracy to injure and that of unlawful interference with economic and other interests.

TAKE FURTHER NOTICE that unless a positive response is received from you within the next fourteen (14) days from the date hereof, we have strict instructions to initiate such further action as may be necessary without any further notice to you.

Meanwhile all our client's right against you including all his rights to claim damages, be they general, exemplary/punitive amd aggravated as well as legal costs inccured thereto are expressly reserved.

Your faithfully,

LING LO & ZAMZURI