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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