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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