Saturday 19 January 2013

RM10 MILLION DOLLAR DEMAND?





Dear Editor,

NOTICE Of Demand For Damages Arising From Defamatory Statements By Hj. Hisham Bin Hj. Abd Fattah Published In Sabahkini.net  On The 28th March 2012.


We act for Mansor Hj. Santiri, the President of Semporna Bumiputera Bajau Association (PERBUBAS) and established local businessman in the above-mentioned matter.

We are instructed by our client to inform you that on the 19th September 2012, he took notice of a page posted at the sabahkini.net website on the 28th March 2012 which stated and published your statements deemed to be libelous and defamatory to our client as shown in verbatim as follows:-

"Sebenarnya, Mansor Santiri adalah salah satu agen sindiket haram yang terlibat dalam pemalsuan Sijil Lahir Daftar Lewat dan Mykad yang memangsakan PATI dengan meminta bayaran lumayan, kononnya sebagai agen kepada JPN."

"Kini orang Semporna tahu siapa Mansor Santiri yang menggunakan PERBUBAS untuk mengaut kepentingan diri dengan menimbulkan propaganda, di samping melaksanakan agenda politiknya menentang kerajaan"

"Jangan bimbang, kami bukan pengkhianat dan kita tidak akan bersekongkol dengan Mansor untuk mendaftar PATI dan akan mempertahankan warganegara Malaysia yang menghadapi masalah identiti sebagaimana yang ditetapkan Perlembagaan Persekutuan."


We are further instructed that in the plain, natural and ordinary meaning, it is with no doubt that the above-mentioned statements or article published by Sabahkini.net on the 28th March 2012 was meant to refer to our client and understood and or imputed to mean that our client was in the eyes of the public:-

a)a person of no integrity and dignity;
b)a person bereft of principle, a traitor and disloyal to the country;
c)a dishonest and corrupt person;
d)an untrustworthy leader of a non-governmental or welfare organisation and politician;
e)a person who has abused his position as the president of PERBUBAS for his personal gain;
and
f)a criminal.

We are further instructed that you, Sabahkini.net being the writer, printer, publisher, and distributor of the said false and defamatory statements and/or article failed to act reasonable by failing to take any steps or measures to verify the aunthenticity or truth of the allegations aforesaid including t interview our client who was at all material times, residing in Semporna, Sabah and could have been easily contactable by telephone personally or through PERBUBAS.

We are further instructed that as a result of the above, our client has suffered severe emotional distress as the effect of the false and defamatory statements had lowered our client in the estimation of ordinary, right thinking members of the citizena of Malaysians and the world at large who have had access, seen and read the said false and defamatory statements and or article posted and published in the website of Sabahkini.net and therefore, capable of generating a high degree of hatred, contempt or ridicule against our client.

As such, we are instructed to demand from you and we do hereby demand that you issue or cause to issue a public apology to our client immediately and to further pay the sum of RINGGIT Malaysia TEN MILLION (10,000,000.00) ONLY being general damages to our client or to us as our client's solicitors within a period of FOURTEEN (14) DAYS from the date of this notice hereof.

In the event of failure, neglect and/or refusal on your part to pay the said sum within the stipulated period aforesaid, WE HAVE STRICT INSTRUCTION to proceed with legal action against you without further reference wherein all legal fees and other incidental costs shall be solely borne by you.

Best Regards,

DURASIM BABA& CO.
Advocates & Solicitors / Peguam Bela & Peguamcara

MARTIN TOMMY DURASIM
B.Sc. (Hons) Wales, LL.B (Hons) City Uitm, R.S.H. Dip, IKU

FAEZAHWATY A.M. IBNU BABA
BLS (Hons) UiTM, LL.B (Hons) Uitm

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