March 2007


ANALYSIS. As early as February 25, we told you that NSTP’s defamation suits against bloggers Rocky and Jeff Ooi had actually exposed Kalimullah’s evil agenda.

Kalimullah is actually using NSTP’s financial resources, and muscling up reluctant companions in Balai Berita, to enable him pursue his personal vendetta against the two bloggers.

More, Kalimullah has many things to hide from the Umno grassroots and intelligentsia who are now so Internet-savvy.

The truth lies in the two original Statements of Claims (which were tacitly released to this journalist-blogger), and subsequently the amended Statements of Claims (which were deliberately leaked to WALK WITH US).

The two sets of claims were authored and filed on Kalimullah’s behalf by M/S Shearn Delamore.

Don’t forget, to avoid a TKO (technical knockout), Kalimullah and Gang were compelled to amend their claims after the bloggers’ lawyers had called them FATALLY DEFICIENT.

Changes made they had on the Statements of Claims, but Kalimullah remains conceited that the 48 articles directly pertaining to him – which contained known facts he hadn’t denied – must be removed from Rocky’s blog, and 15 articles removed from Jeff’s Screenshots.

Last week, Shearn Delamore just added one more article that Jeff has to remove, making it a totally of 16 articles, by way of the ex-parte injunction it obtained from the high court on January 11.

Why must the 64 articles be removed when the court has not touched merits of the case?

Why must the 64 articles be removed when the court has not touched merits of the case? That’s also the same question Malaysiakini had asked in January, commenting on the defamation suits.

The answer is, it’s to muzzle public access to information.

What are those 48 + 16 articles that Kalimullah is so afraid of? The answer is contained in the supporting affidavits attached to the claims, and amended claims, that Shearn Delamore crafted for Kalimullah and Gang.

Of Rocky’s 48 articles, 26 are related to Kalimullah misadventures abusing his power in The NSTP, of which at least three articles are cross-linked to expose in Jeff’s Screenshots.

Of Jeff’s 16 articles, 14 are related to Kalimullah’s misadventures abusing his power in The NSTP, of which at least 9 articles are cross-linked to expose in Rocky’s Bru.

The expose in the blogs are supported by public domain information, and probably some traders’ insider accounts, about Kalimullah’s activities in subverting national interests, and destablizing the political equilibrium in Malaysia by selling-off the country’s interests to Singapore.

The information is believed to contain details related to the ECM-Libra/Avenue Capital deals, and the orchestrated scheme to demonize Mahathir which ultimately blew up in Kalimullah’s Sunday column that is filled with distorted facts and published in the NST of June 11, 2006.

Kalimullah, to date, had not denied any of the his misadventures reported in Bernama, the mainstream and online media, especially those contained in the Khairy Chronicles in Malaysia-Today.

It is understood that these will be among the highlights to be deliberated when the actual hearings take place in the open court.
(more…)

Sorry for no updates. Sorry too if some of the news are stale as many things may have come to pass.

You see, Rehman Rashid has done the rectum round on March 13.

We have been having log-in problem in the last two weeks, but it’s over now and we are back on our feet again.

Walk With Us and WATCH THIS SPACE!

People in The NST overheard that Kalimullah Hassan has a shopping list. Urgent shopping list.

MUST DO #1: Kalimullah is considering re-hiring Rehman Rashid for a new task, not as a night editor serving the graveyard shift, but to be a hired-gun to shoot-and destroy bloggers in Malaysia.

Sources said Rehman, who has earlier left NST to join, and now left Al-Jazeera, is likely to up the up the job. His first article to whack bloggers is likely to appear as early as next week.

MUST DO #2: Kalimullah wanted Shearn Delamore to take Rocky’s case away from Justice Hishammuddin Yunus, and to consolidate it under the same judge who is in charge of Jeff’s case, namely Justice Abdul Malik Ishak.

Sources said Kalimullah is not too comfortable with Judge Hishamuddin for being too liberal with the underdogs.

Kalimullah, who told people he wanted to use the court to promote “responsible blogging”, is the second plaintiff in both Rocky and Jeff’s defamation suits.

NSTP Group Editor-in-Chief Hishamuddin Aun and CEO Syed Feisal have confided to their close friends that they had no choice but to toe Kali’s demand and command.

But Syed Feisal is said to be resigning soon.

Once again, the hearing in chambers was over within minutes.

April 24 is now the new date fixed for blogger Jeff Ooi’s defamation suit to be mentioned before High Court judge Abdul Malik Ishak.

Today, March 6, is supposed to be the day for Jeff’s applications to strike out the case, and to set aside the ex-parte injunction to be mentioned.

However, on February 15 (three days before the Chinese New Year), plaintiffs’ lawyers Shearn Delamore served an amended Statement of Claims on Jeff.

In chambers today, lawyers from sides have mutually agreed to take another date pending further decisions on whether Jeff’s lawyers will proceed with the applications to strike out of the suit, and to set aside the ex-parte injunction.

Rock’s case will be up for mention on April 2.

ANALYSIS. March 6, blogger Jeff Ooi is to have his application to strike out his defamation suit by The NSTP & Gang of Three mentioned, and the setting aside of the ex-parte injunction against him heard.

Realizing the plaintiff’s original Statement of Claims had been challenged as fatally deficient by Jeff’s defence lawyers, The NSTP & Gang of Three have instructed their lawyers, Shearn Delamore, to take remedial steps to avoid the striking out.

Shearn amended the original Statement of Claims and the amended copy was served Jeff’s lawyers on February 15.

The amended statement of claims was to be a copy-and-paste of Rocky’s, save for minor adjustments.

Turn to Page 103 of the amended Statement of Claims, in which the NSTP & Gang of Three assert the following in amended Paragraph 24:

19 24. All readers of the Jeff Ooi weblog understood references in the defamatory articles to:-

1st Plaintiff (The NSTP)
2nd Plaintiff (Kalimullah Masheerul Hassan)
3rd Plaintiff (Hishamuddin Aun)
4th Plaintiff (Brenden John Pereira)

and read it together in amended Paragraph 29 of the same documents deposited by the plaintiffs:

24 29. The plaintiffs will rely on the following facts and matters in support of their claim for an injunction and general, aggravated and exemplary damages:-

(i) the defendant’s course of conduct in publishing and continuing to publish defamatory articles of and concerning the plaintiffs and the Newspapers published by the 1st plaintiff suggest that the defendant has a motive or dissatisfaction vis-à-vis the plaintiffs;

(ii) none of the other major English dailies, or persons holding senior positions in other major English dailies, have suffered such frequent or severe attacks as have the plaintiffs in the Jeff Ooi weblog;

(iii) the Jeff Ooi weblog is one of the more popular weblogs hosted in Malaysia and attracts a steady and frequent stream of viewers by the defendant’s own account;

(iv) the defendant has allowed members of the public with an internet connection to view all his articles, journals, letters, comments, posts and statements of and concerning the plaintiffs, including the defamatory articles, going back to 1.1.2006, if not earlier;

(v) the defendant allows and publishes and re-publishes viewers’ comments on the Jeff Ooi weblog that are defamatory of the plaintiffs and these comments can be viewed by any person who visits the Jeff Ooi weblog. The plaintiffs will aver and/or plead to such publications upon the completion of discovery;

(vi) the defendant frequently diverts viewer traffic from the Jeff Ooi weblog to other weblogs which publish similar defamatory material of and concerning the plaintiffs, most notably to Rocky’s Bru weblog at ( http://rockubru.blogspot.com/ ) and Aisehman.org weblog ( http://www.aisehman.org/ );

(vii) the defendant frequently reproduces on the Jeff Ooi weblog posts appearing on other weblogs, most notably from http://rockybru.blogspot.com/. These posts are defamatory of the plaintiffs and each or any combination of them;

(viii) the defendant frequently links viewers to previous posts published on the Jeff Ooi weblog that are defamatory of the plaintiffs or each or any combination of them;

Look, by the act of copy-and-paste the amended Statements of Claims against Rocky and Jeff in two separate cases, why didn’t The NSTP & Gang of Four outright accuse the two bloggers of a conspiracy, sue them together, and save the Court — and taxpayers — money and time?

Fellow Malaysians! Again, we urge You to stand up and make a statement, whether:

1 ) As blog commentators (and some are anonymous), you have abetted Rocky and Jeff to publish what The NSTP & Gang of Four said are defamatory to them?

2 ) As Malaysian citizens, you can’t comment on The NST and Gang of Four have lied and plagiarized?

3 ) As bloggers, Rocky and Jeff can’t link to their own posts and other bloggers’ posts?

4 ) As bloggers, Rocky and Jeff must NOT allow other bloggers from linking to their respective blogs?

5 ) Other bloggers cannot link to what Rocky and Jeff have blogged?

6 ) And since when being a popular and high-traffic webblog has become a basis to get sued?

What make The NSTP, Kalimullah and his Gang so special that they should be the one setting the laws for bloggers, and setting the law on how we should express our opinions?

If this is not muzzling of our freedom of expression, what is?

And what Rocky’s and Jeff’s motives are we talking about when Kalimullah has a bigger, more sinister motive of his own?

Remember, Defamation Act is just a legal instrument that Kalimullah had used, re-sued, and misused to shroud his attacks on opinion leaders who don’t share his views!

Stop him before he stops you!