Samy Vellu ordered to pay costs
He also opted not to go to trial on further accusations that he had enriched himself at the expense of the Indian community, perpetrated fraud against the shareholders of Maika Holdings and had unlawfully profited by his position and office.
High Court Judge Datuk Balia Yusof Wahi yesterday struck off the suit after Samy Vellu, who filed the action six years ago, discontinued the matter.
No reason was given for discontinuing the suit.
Samy Vellu now has to pay costs to the family of Athi Kumanan who died in 2005.
Hearing was scheduled from yesterday until Friday and the ruling was made in the absence of Samy Vellu who is said to be overseas.
Samy Vellu had on Nov 21, 2003, commenced libel action against Peneribtan Sahabat Sdn Bhd, as the publisher of Malaysia Nanban, and Athi Kumanan as its editor for 11 articles published between Nov 11 and 18 that year.
Samy Vellu contended that Athi Kumanan had defamed him by implying in his articles that:
● He “pawned and cheated” the Indian community;
● He indulged in fraudulent activities, such as cheating people by telling lies and swindling people;
● He included “phantom members” in the MIC and he had therefore cheated the Barisan Nasional;
● He designated nine million Telekom Malaysia shares to RM2 companies;
● Maika Holdings was to be wound-up due to his irresponsible leadership of it;
● He misappropriated funds belonging to Maika;
● He collected money from the public for a private company under the guise of donations to MIC’s Medical University;
● He committed a crime under the Official Secrets Act;
● He treated his party members as slaves and had silenced the Indian community by his arrogance: and
● He was unfit to be the president of MIC or a minister and/or to speak for and on behalf of the Indian community.
The defendants had planned to call the likes of former Prime Minister Tun Dr Mahathir Mohamad, former Finance Minister Tun Daim Zainuddin and Opposition Leader Datuk Seri Anwar Ibrahim as witnesses.
Also on the list of witnesses were prominent personalities such as Tan Sri Rashid Manaf, Tan Sri Hari Narayanan, MIC stalwarts Tan Sri M. Mahalingam and Datuk S. Subramaniam, and former MIED chief executive officer Chitrakala Vasu.
Prominent lawyer Saraswathy Kandasamy, who recently filed a complaint of irregularities in the recently concluded MIC elections with the Registrar of Societies, represented Athi Kumanan. Saraswathy told Malay Mail:“In our defence we have shown the allegations are true in fact and substance and we particularised our plea of justification. Our defence was 241 pages.”
Athi Kumanan, who started Malaysia Nanban with the help of former MIC deputy president Subramaniam, proved to be a major headache for Samy Vellu with his incessant stinging attacks through his writings in the daily.
THE SIX-YEAR COURT BATTLE
● ON Nov 21, 2003, Datuk Seri S. Samy Vellu commenced libel action against Peneribtan Sahabat Sdn Bhd, the publisher of Malaysia Nanban, and Athi Kumanan as its editor for publication of 11 articles between Nov 11 and Nov 18.
● On Dec 1, 2003, the plaintiff obtained a prohibitory exparte injunction order.
● On Jan 2, 2004, the defendants delivered defence pleading, inter alia, justification and qualified privilege.
● Pending disposal of the inter parte injunction hearing, Samy Vellu applied for a ruling that Athi Kumanan be committed to prison allegedly for infringing the injunction
order by publishing two further articles on Dec 3 and 4, 2003.
● The application for committal was dismissed with cost on March 31, 2005, three days after Athi Kumanan died. Samy Vellu appealed against this decision.
● Samy Vellu informed the court that he wished to pursue the suit against Athi Kumanan and recover damages from personal representatives of the deceased.
● On July 29, 2005 the court directed all parties to explore the possibility of settling the case amicably.
● Samy Vellu resolved to settle this matter five days ago.
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