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!

DOWNLOAD: The Amended Statement of Claims against Rocky

Part 1 | Part 2 | Part 3 | Part 4

ANALYSIS. The day Rocky made his first appearance on January 25 to defend the defamation suit taken against him by The NSTP & Gang of Four, WALK WITH US went on record to expose the ultimate agenda of the plaintiffs — that is to muzzle the entire blogosphere, damn the bloggers AND censure the blog commentators by misusing an instrument of law — defamation suit!

Subsequently, we told you how Kalimullah Hassan, the dominant plaintiff among The NST & Gang of Four, has misused defamation suits to muzzle Husam Musa and Matthias Chang, who had blown his cover as a plunderer of the national wealth. He doesn’t have a strategy per se, but his tactic is to invoke subjudice to stop you from exposing his money trails.

Now, the jigsaw puzzle is piecing together to tell you the big picture. The proof lies in the amended Statement of Claims against Rocky.

The amended Statement of Claims will show you that, of the 48 articles in Rocky’s blog that the plaintiffs cited defamatory and wanted to be removed, most if not all are related to Kalimullah Hassan the individual and his personal interests!

To let you be the judge, we have obtained the documents from sources within Shearn Delamore, and published here, in four parts, to help you get a good grasp of the merits of the case. As we are not plagiarists — unlike Brenden John Pereira — please allow us to attribute to Rishwant Singh of Shearn Delamore as the author of the said documents.

Take ACID TEST NO.1 as to why Kalimullah has wanted to censure the entire community of blog commentators. What does he rely on to prove Rocky has defamed him and the rest?

Turn to Page 225 of the amended Statement of Claims (it’s in Part 4 of the same documents we published in this website), in which the NSTP & Gang of Four assert the following in Paragraph 28:

28. All readers of the Rocky’s Bru weblog understood references in the defamatory articles to:-

1st Plaintiff (The NSTP)
2nd Plaintiff (Kalimullah Masheerul Hassan)
3rd Plaintiff (Hishamuddin Aun)
4th Plaintiff (Syed Feisal Albar)
5th Plaintiff (Brenden John Pereira)

and read it together in Paragraph 33 of the same documents deposited by the plaintiffs:

33. 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;

(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 1.5.2006, if not earlier;

(v) the defendant allows and publishes and re-publishes viewers’ comments on the Rocky’s Bru weblog that are defamatory of the plaintiffs and these comments can be viewed by any person who visits the Rocky’s Bru 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 Rocky’s Bru weblog to other weblogs which publish similar defamatory material of and concerning the plaintiffs, most notably to http://www.jeffooi.com/ and http://www.aisehman.org/;

(vii) the defendant frequently reproduces or permits the re-production on the Rocky’s Bru weblog posts appearing on other weblogs, most notably from http://www.jeffooi.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 Rocky’s Bru weblog that are defamatory of the plaintiffs or each or any combination of them;

Fellow Malaysians! You have to stand up and make a statement, whether:

1 ) As blog commentators (and some are anonymous), you have abetted Rocky 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 plagiarised?

3 ) As a blogger, Rocky can’t link to his own posts and other bloggers’ posts?

4 ) As a blogger, Rocky must NOT allow other bloggers from linking to his blog?

5 ) Other bloggers cannot link to what Rocky has blogged?

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 motive 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!

ANALYSIS. What does it mean when The NSTP & the Gang of Four had to amend their Statement of Claims barely one month after they had sued Rocky for defamation?

One: Their lawyers at Shearn Delamore had cocked up in the original claims, and Rocky’s lawyers had called a spade a spade by telling the High Court that their claims were FATALLY DEFICIENT.

Two: The NSTP & the Gang of Four had to resort to avoidance of Rocky’s strike-out application as a desperate line of defence. The amendment of claims is self-admission of the frailty of their case, and Shearn Delamore is not confident of passing the first entrapment it had ambushed unto itself — the fishing expedition.

Should the suit get struck out based on technical ground allowed by the law, collateral damage for Shearn Delamore will be huge.

Why? Because this archaic legal firm will have to increase the insurance premium as not many insurance companies are there to undertake PI (public liability and professional indemnity) policy related to Shearn Delamore which has accumulated over 25 major lost cases in the last three years alone!

So, what will happen next?

Everybody who drink in lawyers’ pubs knows it. Shearn Delamore will play dirty.

This is evident in the bad manner the amended Statement of Claims was served on Rocky’s lawyers, Chooi & Co.

(CLICK HERE to download the amended Statement of Claims against Rocky; and CLICK HERE to compare with the original claims.)
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FOX MEDIA. Why would the Country’s Editor-in-Chief (WATCH THIS SPACE!) want to buy into a company which was once housed in a SOHO (not the red-light district, but a small office home office) belonged to the former COO of NTV7?

foxmedia.jpg

Why would Fox Media be relocated to an obscure office within line of sight of a 4.9% shareholder of ECM-Libra Avenue?

Why would Fox Media be used to house and feed Brendan ‘Plagiarist’ Pereira (the Singaporean PR) and Wong Sulong, (the Australian PR)?

Why would Khazanah deny it before Azman Mokhtar’s contract was extended to 2010?

Why would Fox Media be given the RM7 million job for Abdullah Ahmad Badawi to relaunch Bandar Nusajaya into “Nusajaya City – The World In One City” this February 23, one day after Rocky’s court hearing?

After being challenged by the lawyers representing bloggers Rocky and Jeff Ooi as a “fishing expedition” in a series of defamation suits that are described as “fatally deficient“, NSTP’s lawyers Shearn Delamore have decided to amend their Statements of Claims against their victims.

Sources from the legal fraternity said with the long Chinese New Year holidays in sight, the amended papers were hastily served minutes before the mandatory filing deadlines with the court expired.

Rocky’s application to have the defamation suit struck out will be up for mention in chambers on February 22. Jeff Ooi will have his mentioned on March 6.

Universiti Malaya law professor Azmi Sharom has described NSTP’s defamation suits against the two bloggers as an act of vengeance.

So you have had all the mainstream media working over-time spinning stories about Healthy Indicators of Economy, about Good Times Are Back, and about the Magic Trillion in trade volume.

Who do you think is the great Editor-in-Chief for Malaysia that other EICs like Hishamuddin Aun (NSTP), Khalid Mohamed (Utusan), Ho Kay Tat (The Sun & The Edge) and Michael Aera (The Star) have to kow tow to? (Watch this space!)

But first, you need to admit that there had been a series of big, big half-truths oozing from Putrajaya, with more to come your way this season — because KLCI will slide after the Chinese New Year.

Don’t believe? Listen to Reuters, the international news agency. Its KL-based correspondent Jalil Hamid had filed a story that was syndicated through the world’s major newspapers, which ultimately was indexed by Google search engine. The headline yelled at your face: Malaysian spin on economy sparks poll talk.

Buzzword of the day: Malaysian Spin!

Apparently, editors from the newspapers had been summoned for a briefing (read: ‘MUST USE’). And Reuters just rubbed it in an inch deeper:

More such stories are on the cards, said one editor, who attended a government briefing recently.

However, the serious question is asked a different way: Why did the people NOT believe in the Malaysian Spin?

Just go over to Malaysiakini. It has a modest spread of readers who have spent time to write “Letters to the Editor” that the mainstream Press won’t print.

On the spin on the ‘Magic Trillion’, a Malaysiakini reader says:

The fact that Prime Minister Abdullah Ahmad Badawi and his bandwagon are so quick to shanghai this RM1 trillion figure alone and that the press has bandied it about as if it’s the litmus test of the economy or the epitome of successful economic achievements is downright demeaning, degrading and utterly puerile chicanery. It is an absolute disgrace and an insult to our intelligence and misleading to the ordinary man on the street who does not understand such economic data.

What I find so objectionable is the frequent irresponsible manner in which the BN government tries to psyche the common people with half-baked truths and mistruths. And if our local colleges and universities have been teaching our graduates no more than to imbibe such meaningless data, then it’s a sad, sad time for Malaysia.

A proper economic analysis would have to include trade data (imports, exports and their breakdowns), banking data, inflation statistics like the consumer price index, industrial production data, employment data, home ownership, amongst others.

Even blogger Aisehman has made three entries in his blog, taking a dissenting view to the Malaysian Spin.
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The NST, with dirty finger prints of Kalimullah Masheerul Hassan all over its tabloid pages, has started another round spin-doctoring to boost his political master’s tattered image.

Reporters Adeline Paul Raj and Rupa Damodaran have both told their friends the copy printed on the frontpage of The NST February 6 wasn’t their original stories. It was news-slanted by deputy group editor Kamrul Idris Zulkifli at the instruction of The God.

In the story, Kamrul used the country’s international reserves as an indicator of Malaysia’s economy, hoodwinking NST readers to accept Kalimullah’s spin that everybody should feel good about the increasing international reserves.

Kalimullah had thought big numbers are good. Kalimullah had thought that international reserves that had increased from US$30.85 billion (1999) to US$70.48 billion (2005) is good because the numbers are big.

Kalimullah was proven wrong on his particular ignorance of macro-economics, and Kamrul’s too, by no less than Professor Emeritus Mohamed Ariff, who is the executive director of the Malaysian Institute of Economic Research (MIER).

And Kalimullah had to print Dr Mohamed Ariff’s rebuttal in The NST (February 9) or else the whole world of academics will treat the spin-doctor a greater pariah.

Read what Dr Ariff says about The NST, and by extension the Abdullah Administration being wrong, hopelessly wrong.

But when bloggers Jeff Ooi and Rocky had proved Kalimullah wrong for a lesser sin, they were selectively prosecuted using the Defamation Act! How about that for your God in the newsroom?
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