September 30, 2011
Khalid Samad wins insult fit against Utusan
by Hafiz Yatim@www.malaysiakini.com
September 30, 11
5:32pm
The Kuala Lumpur High Court has found Utusan Malaysia culpable of defame in edition a matter damning of Shah Alam MP Khalid Samad (left). However, Justice Dr Prasad Sandosham Abraham pronounced Khalid was usually entitled to a nominal total as a justice is perplexed over because Bandar Baru Kulim MP Zulkifli Nordin is not named as a defendant.
Justice Dr Prasad Sandosham Abraham pronounced a plaintiff (Khalid) has been successful in proof a statement, that was taken from Zulkifli's blog, was wrong. "The justice rejects a defence of qualified payoff as vital in Malaysia you have to subscribe to a attraction of all races distinct laws in Australia or a United Kingdom," he pronounced in his oral judgment.
"All a defendants' have been guilty of downloading a essay from a blog without checking a essence (on a sensitivity)."
Sandosham has fixed Oct eleven to hear acquiescence upon damages. He pronounced a justice found calling someone as Abu Jahal as well as as a kafir (infidel) is a highest insult in a mind.
In a fit filed final year, Khalid from PAS, named Utusan Malaysia and Mingguan Malaysia organisation editor-in-chief Aziz Ishak as well as a publisher of Utusan Malaysia and Mingguan Malaysia as defendants.
The Shah Alam MP claimed that upon September 11, 2009, Aziz, as a Group Editor-in-Chief for both newspapers, with malice, had allowed a announcement as well as printing of defamatory difference upon him upon a front page of a newspapers.
He addit! ionally claimed that a essay entitled 'Zulkifli bidas Pak Janggut' (Zulkifli admonishes Bearded Man) directly or in a roundabout way referred to him even yet his name was not mentioned.
'Media contingency be sensitive'
Justice Prasad in his visualisation pronounced a essay has to be taken in a full context as Khalid is a MP for Shah Alam. At that time, dual years ago, there was a dispute over a relocation of a temple in Shah Alam.
The decider noted a extensive depart from a principle of "qualified privilege" in a logic that had been mostly cited by a media. "The justice is aware of a fact that you cannot use a logic of a Western courts especially in a United Kingdom, Australia as well as additionally Canada."
"I have to adopt a visualisation made by former Federal Court decider Gopal Sri Ram in that a media should take in to care a sensitivities of other races as well as religions in partial due to a inlet of Malaysia being made up of so many races. We have to take in to care of a sensitivities of a people as well as of different races," he said.
Justice Prasad pronounced a essay contains insult as a justice finds that a media cannot contend they have been practising leisure of speech, leisure of expression as well as leisure of a media as there is a limitation to it.
"In this case, there is some grade of culpability of defame upon a partial of a publisher as well as a defence of qualified payoff is not tenable," he said.
'Why no action upon Zulkifli?'
The decider additionally commented that a justice find it confusing that Zulkifli is not named in a 
defamation suit. "Why is Zulkifli (right) not sued? Was it because he was in a same party ! (coaliti on) prior to he had left? The plaintiff (Khalid) did not even ask for a removal of a blog posting that should have been done," he said.
"I do not know either this is done accidentally," he said. Justice Prasad informed a parties that he will write a full visualisation upon a issue as well as what he is giving today have been a broad grounds.
Utusan Melayu (M) Bhd, that is a publisher of a UMNO-owned daily, was represented by counsel Mohan Kumar while Azhana Mohd Khairudin appeared for Khalid.
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