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Thursday, April 9, 2009

> ISA detainee's RM100m suit to proceed

The Inspector-General of Police (IGP), Attorney-General and the government today failed in their bid to strike out the RM100 million defamation suit brought against them by Hindraf legal advisor P.Uthayakumar.

Judicial Commissionder Datin Zabariah Mohd Yusof dismissed their application with costs in chambers after hearing submissions from both sides and ordered that the hearing be held as soon as possible.

Uthayakumar was represented by counsel M.Manogaran while senior federal counsel Rozi binti Bainon represented the three defendants.  Manogaran, when asked for the grounds for the court’s rejection of the application, said the judge had to hear the evidence of witnesses on the relevant issues by way of a trial.

IGP Tan Sri Musa Hasan, AG Tan Sri Abdul Gani Patail and the Malaysian government had applied to strike out the suit on the grounds that the statement which Uthayakumar claimed defamed him, was made to prevent feelings of hatred towards the government and avoid racial conflict.

Uthayakumar, who was arrested on December 13 last year and detained with four others under the Internal Security Act for suspected involvement in organising a Hindraf rally, is suing the three defendants for defamation for linking him with the LTTE rebel group in Sri Lanka - Bernama.