KUALA LUMPUR: An egg importing company has lost its defamation lawsuit against Datuk Seri Mohamed Azmin Ali over claims the company secured a contract through direct negotiation with the government to import eggs from India.
Justice Leong Wai Hong dismissed the lawsuit on Friday (Nov 15), ruling that the plaintiff, J&E Advance Tech Sdn Bhd, failed to prove defamation elements in its case against the former International Trade and Industry Minister.
The judge said that Azmin's impugned statement only referred to businessman Deepak Jaikishan, who did not hold any position in the company.
There was also no mention of the plaintiff (the company's name) in Azmin's impugned statement, Justice Leong said.
“I am of the view it would be unreasonable for a person to believe that the plaintiff was mentioned in the statement.
“The defendant mentioned Deepak’s name many times. Deepak is neither a shareholder nor director of the plaintiff,” Justice Leong said here on Friday.
He then dismissed the suit and ordered the company to pay Azmin RM50,000 in costs.
J&E Advance Tech filed the suit on April 12, 2023.
It named Azmin as the sole defendant.
The company claimed the defendant had defamed the company in a political talk titled "Ceramah Perdana: Solidariti Menentang Kezaliman” in Taman Melewar here on March 11, and his words were published by print and electronic media, including YouTube.
Even though the company was not named in the defamatory speech, it claimed that Azmin was clearly referring to the plaintiff as it was the only Malaysian company allowed to import eggs from India as announced by Agriculture and Food Security Minister Datuk Seri Mohamad Sabu in a Parliament session on March 8.
The plaintiff sought unspecified general, compensatory, aggravated, and exemplary damages.
Lawyer Bhavanash Sharma, who represented the company, said they would appeal the decision.
"The client instructed us to appeal," he told the press.
Lawyer Nizamuddin Abdul Hamid appeared for Azmin.