Nation

'Why settle out of court? Come clean'

KUALA TERENGGANU: THE latest twist in the defamation suit brought by Pas president Datuk Seri Abdul Hadi Awang against Sarawak Report editor Clare Rewcastle-Brown might have settled the legal issue but the political questions linger, said Terengganu Pakatan Harapan chairman Datuk Raja Kamarul Bahrin Shah Raja Ahmad.

The out-of-court settlement, announced earlier yesterday by Hadi’s aide, Syahir Sulaiman, sparked a frenzy of speculation.

Pas moved swiftly to explain that the case had been protracted. Opponents of Pas were not assuaged.

Raja Kamarul said Hadi must come clean and explain to party members, who donated RM2.1 million up to September last year to help him in his defamation suit against Rewcastle-Brown.

He said the urgency with which the donation was collected from party sympathisers indicated that Hadi had wanted to pursue the defamation suit.

“Settling the matter out of court settles the legal issue but politically, it raises many questions.

“Why was it settled out of court and why was it subjected to a confidentiality agreement by both parties?

“Is there something Hadi wants to hide from the people? I believe he owes an explanation, especially to those who donated to the cause. The people need to know,” he said before a get-together session for PH members here yesterday.

‘BEST DECISION FOR BOTH’

Pas deputy president Datuk Tuan Ibrahim Tuan Man said, however, that the decision to pull the plug on the case was backed by senior party leaders as it had “dragged on for some time”.

He said Hadi’s decision was the best way forward for both parties as the case had gone on for a while since it was filed in 2017.

“The case has been discussed and understood by both parties (plaintiff and defendant) and it was agreed that it be settled out of court. The out-of-court settlement was the best decision for both parties.”

State Parti Pribumi Bersatu Malaysia chairman Datuk Razali Idris found Hadi’s decision baffling after all the calls for donations asking members to help in his defamation suit, which he had claimed was about the party’s dignity.

“The suit was meant to prove that Pas did not take any handouts from Umno. Now that the matter has been settled out of court, what will happen to the RM2.1 million donated by party supporters?

“Now, he cannot prove that it was slander.”

POLITICAL REPERCUSSIONS

A source from the legal fraternity said legally, it was a practical approach to prevent a full trial.

“It will cost a lot (for Hadi) to go up and down London. Might be taxing for an old man.

“In England, defamation is costly and reserved only for those who have a lot of money and time.

“The withdrawal of the counterclaim is an indirect admission that Pas was not the recipient. But I believe that Rewcastle-Brown insisted on the matter being resolved.”

Another source added that the out-of-court settlement, while solving matters legally, could, however, have political repercussions on the home turf.

“We do not know for sure who is trying to save themselves — Hadi or Clare Rewcastle-Brown. It will remain a secret between the two, but the people will ask until the truth is revealed.”

Political and legal analyst Datuk Dr Abdul Halim Sidek said the cost of pursuing the Hadi-Rewcastle-Brown suit was likely the main reason that led to the settlement.

He said this was typical of civil suits where both parties had to view their circumstances and ability to proceed as a case costs money.

“It’s not free and if you can’t shoulder the cost, why are you pursuing such claims? You might win the case but you may lose a lot of money. It’s not cheap, furthermore it’s in London and Hadi is represented by the elite Queen’s Counsel.

“So if it costs RM100,000 in Malaysia and its dollar for dollar, it would cost £100,000.”

Sepang member of parliament Mohamed Hanipa Maidin said since the case did not proceed and was retracted, it did not count as a win.

“When you don’t win, it cannot be said that what Sarawak Report published was slander,” said
Hanipa, who is deputy law minister.

He said it could not be established whether the portal’s report on Pas receiving RM90 million from Umno was slanderous as per Hadi’s previous claim.

AUDIO RECORDING

He said he had expected Hadi to retract the suit from the start. Hanipa, who was from Pas, highlighted the possibility that an audio recording by Nik Muhammad Abduh Nik Abdul Aziz that
was leaked last year was genuine after Hadi reportedly did not refute it.

In the audio recording, the son of the late Pas spiritual leader Datuk Nik Abdul Aziz Nik Mat allegedly mentioned two individuals who had linked the party to Umno over political cooperation and confirmed that Pas had accepted money from its foe.

Syahir, in a statement yesterday, said: “Hadi has decided to finalise an out-of-court settlement against Sarawak Report’s Rewcastle-Brown through an order of consent, dated Feb 1, at the London High Court of Justice, Queen’s Bench Division.”

The decision was reached after scrutinising the whole court action, as well as views from Hadi’s legal team.

Syahir said Hadi and Rewcastle-Brown had consented to withdraw claims and counterclaims, respectively.

“No orders as to costs and both parties are subjected to confidentiality agreement on settlement related terms.”

Hadi filed the defamation suit against Rewcastle-Brown over an allegedly defamatory article titled “As Najib Denies All Over 1MDB, Let’s Not Forget His Many Other Criminal Connections” published on Aug 6, 2016, which he had claimed was false.

The article alleged that Hadi had received RM90 million from Najib to get Pas to support Umno and Barisan Nasional.

Editor: My article remains online and unchanged

KUALA LUMPUR: Sarawak Report editor Clare Rewcastle-Brown is pleased that Pas president Datuk Seri Abdul Hadi Awang has agreed to an out-of-court settlement in the defamation suit against her.

She said her article, which triggered the suit, remained online and unchanged.

“I stood my ground,” she said, adding that the article remained as it was despite attempts to silence and discredit her before the 14th General Election. I am pleased with the outcome as I am vindicated by the fact that Hadi has dropped the case against the article, which remains unaltered and online. I want to thank those who supported me in standing up to this attempt at legal bullying by Pas.”

Rewcastle-Brown said both parties had agreed not to discuss the terms of the settlement.

Hadi filed the suit after Rewcastle-Brown wrote an eight-paragraph article in 2016, which alleged that RM90 million was “reckoned” to have been deposited into accounts of top Pas leaders to woo them into supporting Umno and Barisan Nasional.

Rewcastle-Brown claimed that Hadi conspired with then prime minister Datuk Seri Najib Razak or his agents to discredit her and the portal.

Most Popular
Related Article
Says Stories