Court of Appeal dismisses activist's stay application
Posted on 23 August 2011 - 08:12pm
PUTRAJAYA (Aug 23, 2011): The Court of Appeal today dismissed an application filed by human rights activist Charles Hector Fernandez to stay a RM10 million libel suit against him at the Shah Alam High Court, pending the hearing of another application before the appellate court.
The quorum comprising Justices Datuk Zainun Ali, Datuk Zahariah Ibrahim and Anantham Kasinather also ordered Fernandez to pay RM10,000 cost to the plaintiff, Asahi Kosei (M) Sdn Bhd.
With the ruling, the libel suit is set to proceed today at the Shah Alam High Court before Judge Lim Yee Lan.
The court has set three days for the trial.
In submissions before the quorum, Fernandez's counsel, Francis Pereira said the application was made as hearings were pending in October for an application before the Court of Appeal over entering 31 Myanmar nationals as parties to the libel suit.
The 31 were said to be employees of the plaintiff in the libel suit, Asahi Kosei (M) Sdn Bhd.
"A determining factor would be who is the employer of these workers. Our argument is if the court is going to determine the employer of the workers, the workers must be made parties to the proceedings," said Pereira.
Asahi Kosei, an electronics and automotive parts manufacturer had filed the suit on Feb 14, 2011 seeking RM10 million in damages for six blog posts written by Fernandez related to the treatment of the 31 workers.
In rebuttal, Asahi Kosei counsel John Fam Sin Nin said that the application to make the Myanmar nationals parties to the proceedings was inconsistent with the earlier stand of the defence to call the 31 workers as witnesses.
Speaking to media after proceedings, Pereira said that one of the counter-claims sought was a declaration that Asahi Kosei is the employer of the workers and is responsible for their welfare.
"Based on that, we filed an application to add the workers as parties to the proceeding because if the court is going to determine who the employer is, the employees better be there," said Pereira. - The Sun Daily, 23/8/2011, Court of Appeal dismisses activist's stay application
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