Malaysiakini's Gan And Fernandez Served With Legal Notice Of Demand.

Popular online news portal,Malaysiakini, Editor in Chief Steven Gan (left) and it's Sabah Correspondent Joe Fernandez(a West Malaysian Indian),were today served with a Legal Notice of Demand for Defamatory Postings in the Malaysiakini Website. The notice were served on both Gan and Fernandez via email and registered post by the legal firm of Rahim Abdullah & Co.

Parti Keadilan Rakyat(PKR) Sabah of late has been in the limelight in the Malaysiakini news portal.The public at large were bemoaned as to the manner their stories were structured.In a random survey,the people were shock that journalistic ethics were not at all adhered to by Joe Fernandez (right) in his manner of addressing,writing and describing the actual facts.His "distorted facts" which were subsequently published in Malaysiakini,were all obtain by mere sms's and emails.Ironically,Joe Fernandez is not known as a hands on journalist.

When ask why were you never present in press conferences organized by PKR, Joe Fernandez had this to say,"I have to attend lectures and it doesn't fit my time,I'm a very "busy man" moreover I prefer a one-to-one interview".When informed that such an arrangement could be organized,he said "not necessary I can get it from the other reporters,press conferences is a waste of time,just answer my sms will do".

While we maybe in an era of Cyberspace,good old fashion hands on journalism still prevails,mainstream media reporters will surely agree that facts can only be authenticated by their actual presences.That's why our Sabah reporters are journalistic professionals,unlike armchair critics or spin doctors disguising themselves as Journalist.

A copy of the Legal Notice of Demand which was served is here for your viewing.

RAHIM ABDULLAH & CO.

Peguambela & Peguamcara ● (Advocates & Solicitors)

Kota Kinabalu Office Sandakan Office

Yusri Bin Pungut Hj. Abd Rahim Hj. Abdullah

LLB (Hons) ( Malaya ) MBA (UiTM) B.A (Hons) Law (U.K)

Rizwandean Bukhary Bin M.Borhan Majnah Binti Abdillah

LLB (Hons) (UKM) LLB (Hons) Malaya

Adanan Judin

LLB (Hons) Malaya

Lot 16, 2^nd Floor Block B, Asia City Phase I 2^nd Floor, Lot 9, Block I

Lebuh Raya Pantai Baru, 88000 Kota Kinabalu, Sabah Bandar Indah Sandakan

Tel : (088) 212557 / 213557 Fax : (088) 215557 Tel : (089) 222768/222868

e-mail : rykkco@yahoo.com.my Fax : (089) 222568

Your Ref :

Our Ref : RY09/LIT/HAA/105/RB

Date : 16th November 2009

1. Mr. Steven Gan,

Editor-in-Chief,

http://malaysiakini.com,

48, Jalan Kemuja,

Bangsar Utama,

59000 Kuala Lumpur.

Email: steven@malaysiakini.com

2. Mr. Joe Fernandez,

Lot C337, Grace Court,

Sembulan,

Kota Kinabalu.

Email: jfernandez14@yahoo.co.uk

Via e-mail and registered post

Dear Sirs,

Re: Defamatory Postings in “Malaysiakini” Website

We act for Hj Ansari Abdullah J.P. on the above matter.

2. Our client’s attention has been drawn to several statements contained in several articles published by you and or your agents/servants acting on your instructions in “Malaysiakini” website in November, 2009.

3. The first article entitled “PKR Peace Team Head for Kota Kinabalu” dated 5^th November, 2009 had falsely stated that our client organized the launching of the book “Anwar on Trial” when he was only a panelist on a discussion on the said book. The article also wrongly stated that only twenty odd people turned up for the function and only two books were sold. It was intended to portray Hj Ansari Abdullah as a poor organizer and a leader without any followers.

4. Another article stated that our client was removed as the head of PKR Sabah as a result of a rebellion when in fact he had voluntarily tendered his resignation in June, 2008. This fact was confirmed by YB Dato’ Seri Anwar Ibrahim during his visit to Sabah in 2008 when he told the local media that Hj Ansari had tendered his resignation but had been asked to stay on until the end of his term. This fact was widely reported in Sabah but you had falsely stated otherwise.

5. Finally, an article entitled “Sabah PKR division chief runs to China from Debt” dated 13^th November, 2009 referred to Hj Ansari Abdullah since he was the only Sabah PKR Division chief who is a lawyer, who had performed the Hajj in 2004 and was in China from 6^th to 12^th November, 2009. The said article stated, inter alia, that our client:-

(a) had fled to China last Saturday to avoid paying a debt to one Sohon Singh;

(b) had made use of Chief Inspector Abang Faisal to persuade the said complainant to withdraw two police reports against him;

(c) had misled the said complainant to come to our client’s house on the very day that he left for his pilgrimage in Mecca;

(d) had asked his brother to hire thugs to beat up the complainant;

(e) had bribed certain people so that his client could wrongfully obtained the land title from the Land and Surveys Department;

(f) had been paid the sum of RM 144,000.00 as “reimbursement” to Sohon Singh; and

(g) Had committed a breach of trust.

6. These statements are defamatory against our client as to which a grave libel had been perpetuated by you against our client. Consequently, our client’s reputation especially as a Muslim, an advocate of the High Courts of Borneo and a Politician have 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 statements.

7. We have been instructed to write to you to ask whether:-

(a) You are prepared to retract and withdraw the statements and to publish a suitable apology upon terms to be approved by our client;

(b) You are prepared to give our client your assurance and undertaking that you will not repeat and will refrain from circulating or publishing the statements;

(c) You are prepared to indemnify our client in respect of the costs to which he has been put as a result of the said statements; and

(d) You are prepared to offer a suitable sum agreeable to our client as compensation to our client’s reputation which you have injured.

8. Our client demands that you give us a reply within forty-eight (48) hours from the time you received this notice via email. In the event that you fail to do so, or choose to ignore our client’s demands herein, our client shall exercise his right to legal redress by claiming the sum of Ten Million Ringgit (RM 10,000,000.00) in damages including aggravated and exemplary damages against you.

9. In the meantime, our client reserve all his legal rights and remedies against you concerning the libels mentioned hereinabove.

Yours faithfully,

RAHIM ABDULLAH & CO.

Cc Client