Letter of demand to Utusan

*The letter of Demand to Utusan was faxed to the editor at 4.40pm today.

Your Ref: please advise

Our Ref: SNN/YBT/ Civil/08

Date: 15-9-2008
THE EDITOR

Utusan Melayu (Malaysia) Berhad

46M, Jalan Lima Off Jalan Chan Sow Lin

55200 Kuala Lumpur

Sir,

RE: LIBELOUS ARTICLE

We act for YB Teresa Kok Suh Sim.

Our client refers you to the following article that was carried by your newspaper on 10 September 2008 under the captions “Azan, jawi, JAIS, UiTM dan ba-alif-ba-ya…” (hereinafter known as “the impugned article”)

The impugned article that you published, mean and were understood to mean that our client, inter alia:-

1. is a racist;
2. is a religious bigot;
3. is an untrustworthy person as well as an untrustworthy and a bad politician;
4. is intolerant and unprincipled; and
5. is a parochial politician who is anti Islam and anti Malay.

Our client contends the following:-

1. the impugned article as stated above of our client 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. the impugned article as stated above of our client are motivated or actuated by 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, sensationalism;

3. the impugned article as stated above of our client 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 or caused to have republished the following impugned article.

The allegations and the comments in the impugned article against our client amount to a very serious libel on our client and have caused her considerable distress and embarrassment. These allegations made against her are false and your attack on her is wholly unjustified.

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

1. An immediate and unequivocal public retraction of the impugned article by your newspaper 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 words, allegations and comments contained in the impugned article.

Our client has also instructed us to demand damages from you for the injury caused to her reputation of RM30,000,000-00 (Ringgit Malaysia Thirty Million).

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 hear from you without delay. If we do not receive a satisfactory reply within twenty four (24) hours of receipt of this letter, our instructions are to institute legal proceedings. In the meantime, our client reserves all her rights in this matter.

Kindly acknowledge receipt accordingly.

Thank you.

Sincerely,

S N NAIR & PARTNERS

c.c. client