Felda wins suit against Wan Azizah, two others over defamatory articles

The Federal Land Development Authority (Felda) and its subsidiary, Felda Global Ventures Holdings Sdn Bhd, today won their suit against Parti Keadilan Rakyat (PKR) president Datin Seri Dr Wan Azizah Wan Ismail and two others over the publication of two defamatory articles in the PKR newspaper, 'Suara Keadilan'.

This followed the admission of liability for the two defamatory articles by the defendants, namely Wan Azizah, Senator Dr Syed Husin Ali, who was then PKR vice-president, and the writer of the said articles, Rusnizam Mahat.

The articles were, the first, with the title 'Felda Bangkrap' (Felda Bankrupt), published on June 22, 2010, and the second, with the title 'Kontroversi' (Controversy) and 'Bina Bangunan RM662 juta Hanya Libatkan Tiga Individu' (Building RM662 million building only involves three individuals), which was published in the June 29, 2010 edition.

High Court judge Datuk Wira Kamaludin Md Said, in his ruling, said the court was bound by the decision of the Court of Appeal which held that Felda, as a statutory body, had the right to initiate legal proceeding.

He said only Parliament, and not the court, could take away the right of Felda to sue, as provided under Section 15(1) of the Land Development Act 1956.

Kamaludin made the ruling after dismissing the preliminary issue raised by the defendants that Felda, being a statutory body registered under the Land Development Act, did not have the locus standi to file the suit.

He also said Felda was entitled to enter judgment on liability and ordered the quantum of damages to be assessed by the Senior Assistant of Registrar of the High Court.

On Aug 16, 2010, Felda and Felda Global Ventures Holdings Sdn Bhd filed a RM200 million suit against the three defendants claiming that the articles affected their image.

The plaintiffs contended that the defendants had intentionally published the articles to destroy the trust and confidence of the Felda settlers for the agency.

Felda is also applying for an injunction to restrain the defendants from further publishing such words in the print media or the internet.

The agency also wants a written apology from the defendants to be published in newspapers and magazines to be identified by the plaintiffs and other costs and relief deemed by the court.

On Sept 30, former editor of 'Suara Keadilan', Dzulkarnain Taib, who was one of the defendants, had apologised to Felda and its subsidiary over the publication of the two articles, saying that they were false and were published by 'Suara Keadilan' with the intention to disparage the plaintiffs and damage their reputation.