Published: Monday May 13, 2013 MYT 1:06:00 PM

Umno applies to strike out Tian Chua’s defence statement

By M.MAGESWARI

KUALA LUMPUR: Umno is applying to strike out the defence statement by PKR vice-president Tian Chua and two others in its libel suit against them, on grounds that it did not raise any reasonable defence.

Umno is claiming that the defence statement is frivolous, vexatious and an abuse of the court process.

Umno sued Batu MP Tian Chua for allegedly linking the party to the Lahad Datu intrusion by Sulu terrorists.

Umno claimed Tian Chua accused the party of being a conspirator to the shooting incident, thereby implying it was a traitor to the country. In an affidavit to support the application, Umno executive secretary Datuk Abdul Rauf Yusoh said Umno - as the backbone of the Barisan Nasional government - was responsible for the protection of peace, safety, borders and diplomatic relationships with foreign governments.

Abdul Rauf said the publication of the libellous article on an online portal had tarnished its reputation and credibility.

In its reply to the defence statement, Umno said it had legal right to file the claim under Section 9(c) of the Societies Act 1966.

High Court judge Rosilah Yop set June 12 to hear the striking out application.

Speaking to reporters later, Umno's lawyer Raihanah Ariffin said the judge had ordered the parties to file written submissions for the hearing.

Umno had named Tian Chua (real name Chua Tian Chang), KeadilanDaily.com editor Fazillah Pit and writer Aisha Geoffrey as defendants.

Umno accused them of publishing a libellous article in the Keadilan Daily online portal on March 1 under the heading, Insiden tembakan di Lahad Datu konspirasi terancang Umno Tian (Shooting incident at Lahad Datu a planned conspiracy of Umno - Tian).

In the court papers filed March 15, Umno, is seeking damages, an apology and costs.

In a statement of defence filed on April 22, Tian Chua said he did not defame Umno in any manner.

In the joint defence statement, Fazallah and Aisha said that Umno had failed to show that it had suffered any special losses over the publication.

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