22 October, 2008

Teresa Kok issues letter of demand to Mohd Khir

Teresa Kok issues letter of demand to Mohd Khir
By: Maria J.Dass (Wed, 22 Oct 2008)


SHAH ALAM (Oct 22, 2008): Kinrara state assemblywoman Teresa Kok has issued a letter of demand for RM10 million, a retraction of defamatory words and an apology from former Selangor Menteri Besar and current opposition leader Datuk Seri Dr Mohd Khir Toyo in relation to the azan (call to prayer) issue.

In her letter faxed to Mohd Khir on Tuesday, Kok through her lawyers S.N. Nair and Partners cited an article published on Mohd Khir’s blog captioned as "Cetusan Dr Mohamad Khir Toyo" as the libelous article in question.

In the article Mohd Khir had allegedly in response to a commentator on his blog stated that Kok had supported a petition by resident in Kinrara to reduce the volume of the azan of a mosque in Puchong.

The response further alleged that the matter was raised by Seri Serdang assemblyman Datuk Satim Diman at the state assembly but there was no response.

Mohd Khir had allegedly further commented that he was concerned of this because Kok may have promised to fulfill the resident’s demands.

Kok had denied that she was involved in the petition.

The letter also stated that the Mohd Khir had republished and caused to be republished the impugned words and libelous comments.

Kok in the letter of demand, said the allegation implied that she was a racial and religious bigot, untrustworthy; a politician bereft of integrity, intolerant, unprincipled with low moral values and that she had committed a serious criminal offence under the Penal Code and other laws of Malaysia.

Kok said the words published were grossly negligent, irresponsible, deliberate, malicious, wholly untrue and aimed at tarnishing her name and character, lowering her esteem in the eye of the public and exposed her to public hatred, scorn, odium, contempt and ridicule.

Kok is asking for an immediate and unequivocal public retraction of the said words from the blog, other blogs and media.

She want the removal of all offending and defamatory comments, an apology to be published in newspapers of her choice and an undertaking not to repeat the allegations or comments or the likes of the same.

Kok also demanded RM10 million for damages for the injury caused to her reputation and payment for all legal costs incurred. She wants a response within seven days failing which she will initiate legal proceedings.



Letter of Demand

S N NAIR & PARTNERS

(Advocates & Solicitors)

Your Ref : please advise
Our Ref : SNN/YBT/Khir Toyo/08

Date : 21-10-2008
Dato Seri YB Mohamad Khir Bin Toyo
No. 51, Taman Ria,
45400 Sekinchan
Selangor Darul Ehsan.
Tingkat 8, Bangunan UMNO Selangor,
Persiaran Perbandaran,
40000 Shah Alam
Selangor Darul Ehsan.
Tel: 03-5031 2020
Fax: 03-5031 2005
BY POST/ BYHAND

Dear YB,

RE: LIBELOUS ARTICLE

We act for YB Teresa Kok Suh Sim.

We are instructed that on or about Wednesday 9th July 2008, you published and/or caused to be published on your blog address known as www.drkhir.com captioned as “Cetusan Dr.Mohamad Khir Toyo” in your reply to comments posted to an Article you posted on 5th July 2008 which is reproduced (truncated) herewith:

“Saturday, July 5, 2008

Anwar Ibrahim, Lain Bengkak Lain Bernanah?

Dalam tulisan saya sebelum ini (lihat Anwar Ibrahim dan Mimpinya), saya menyentuh mengenai tingkah laku Datuk Seri Anwar Ibrahim (DSAI) dalam mencatur dan memporak-perandakan senario politik negara….” (hereinafter called the “ Article”)

To a question to one commentator known as “saudara sinatra_ z” who asked you a question which is reproduced herewith in full:

saudara sinatra_z said…

Dr Khir ada burung berkicau dalam internet berkata..

Dalam dewan undangan negeri Selangor,Terresa Kok telah mengepalai satu petisyen penduduk di Puchong kepada Datuk Satim Diman (Sri Kembangan) mengenai aduan penduduk bukan Islam terhadap laungan azan subuh yg didakwa menggangu ketenteraman penduduk.

You have replied to Saudara sinatra as follows which is reproduced herewith in full as follows:

“Dr Mohamad Khir Toyo said…

saudara Sinatra_ z,

Memang betul ada petsyen dari kaum Cina Kinrara yang meminta diperlahankan suara azan. Petisyen ini disokong oleh YB.Teresa Kok.

Perkara ini dibangkitkan oleh YB datuk Satim di DUN Selangor tetapi tiada jawapan. Saya bimbang mungkin kerana YB Teresa Kok telah berjanji untuk membantu tuntutan itu dilaksanakan.

Saya sebagai Ketua Pembangkang akan terus menentang perkara tersebut atas dasar agama Islam adalah agama rasmi Negara dan Negara ini mengamalkan kebebasan beragama dan tiada undang-undang yang menghalang surau dan masjid menggunakan pembesar suara. Perkara ini berlaku kerana pendokong DAP telah jadi besar sejak akhir-akhir ini Jangan dijolok sarang tebuan, kelak menyesal tak berkesudahan”. (hereinafter called the “said Reply”).

Inter alia, the said Reply contained the following defamatory words uttered by you about our client:

i. Memang betul ada petsyen dari kaum Cina Kinraya yang meminta diperlahankan suara

azan. Petisyen ini disokong oleh YB.Teresa Kok.

ii. Perkara ini dibangkitkan oleh YB datuk Satim di DUN Selangor tetapi tiada jawapan.

Saya bimbang mungkin kerana YB Teresa Kok telah berjanji untuk membantu tuntutan

itu dilaksanakan.

(hereinafter called “the impugned words”)

The impugned words that you published and the allegations that you published or caused to be published in the said Reply mean and were understood to mean that our client, inter alia:-

1. Is racist;
2. Is a religious and racist bigot;
3. Is untrustworthy and a politician bereft of integrity;
4. Is intolerant, unprincipled and low moral values;
5. Is chauvinistic, anti-Islam and anti-Malay and
6. Has committed serious criminal offences under the Penal Code and other laws of Malaysia;

Our client contends the following in that the impugned words published by you and the contents in the said Reply in respect of our client:-

1. are and were grossly negligent, reckless, irresponsible, deliberate, malicious and aimed to lower our client’s esteem in the eye of the public and expose our client to public hatred, scorn, odium, contempt and ridicule;
2. are wholly untrue, motivated by malice, mala fides, distortion of facts suggesting moral and legal impropriety on the part of our client and are principally done in your pursuit of seeking cheap publicity for political and other purposes, sensationalism;
3. are pre-mediated and calculated to tarnish, malign, defame and seriously injure the good name and character of our client;

We are further instructed that you have republished or caused it to be republished the abovementioned impugned words and libelous comments.

The impugned words published by you and the contents in the said Reply in respect of our client and the comments against our client by you, amounts to a very serious libel on our client and have caused our client considerable distress and embarrassment. These impugned words published by you and the contents in the said Reply in respect of our client and comments made against our client are false, malicious and your attack on our client is wholly unjustified.

We are therefore instructed to demand from you, which we hereby do:

1. An immediate and unequivocal public retraction of the said Reply and the impugned words from the said Blog, other blogs and media and the removal of all the offending and defamatory comments, forthwith.
2. An apology in terms to be approved by us as solicitors to be published in newspapers of our client’s choice.
3. An undertaking by yourselves not to repeat the above allegations and comments such as the impugned words or the likes of the same.

Our client has also instructed us to demand damages from you for the injury caused to our client’s reputation of RM10,000,000-00. (Ringgit Malaysia Ten Million Only)

Our client has also requested us to demand payment of all legal costs that has been incurred with regard to this matter.

This letter is written in accordance with the pre-action protocol prior to the institution of a libel action. We look forward to hearing from you without delay. If we do not receive a satisfactory reply within seven (7) days of the receipt of this letter, our instructions are to institute legal proceedings. In the meantime, our client reserves all our client’s rights in this matter.

Please acknowledge receipt accordingly.

Thank you.

Yours faithfully,

S N NAIR & PARTNERS

(Source)

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