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!

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