Sabah lawyer gets judgment against Hadi

Kota Kinabalu: The Sessions Court has entered a judgment in favour of a lawyer against PAS President Dato' Seri Haji Abdul Hadi Awang over his negative remarks on Christianity in a news portal.Marcel Jude Joseph, 54, who is a member of the Sabah Bar and a member of the Sabah Catholic Lawyers Apostolate had named Hadi, currently Rhu Rendang Assemblyman and Marang MP, both in Terengganu, as the defendant in his suit filed on Jan. 25 this year.

The court adjudged on Aug 12 that the defendant pay Marcel damages for interference with the Constitutional right of the plaintiff to freedom of religion under Article 11 of the Federal Constitution in the sum to be assessed;

Damages for blasphemy against the defendant in the sum to be assessed; statutory interest and cost.

It was a judgement in default as no appearance had been made by the defendant.

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The plaintiff had applied for a judgement and the court after perusing the application, issued a certificate of non-appearance by the defendant despite being served with the summons by the plaintiff's lawyer on July 19.

Following such certificate, the court granted judgement in favour of the plaintiff.

Marcel took out his suit against Hadi when the defendant published an article which the plaintiff alleged to be blasphemous and unlawful interference with his constitutional right to freedom of worship under Article 11 of the Federal Constitution.

In his statement of claim, Marcel said that on Jan. 18, this year the online newspaper, Free Malaysia Today or FMT, published an article that originated from the defendant entitled "Christianity Rejected By The Educated, Says Hadi".

Marcel claimed that the defendant made defamatory statements on the first, second, third, fourth, fifth and sixth paragraphs of the said article.

The said statements were calculated to make negative and false inferences of the plaintiff and his faith and religious belief namely, among others:

That the plaintiff has no genuine faith or religion; has no morals and belongs to an institution or religious institutions lacking in morality; the plaintiff is a member of a gangster or mafia like organisation engaged in unlawful and criminal activities;

has no genuine spiritual or moral convictions and belongs to an organisation or faith that is equally lacking or void of such convictions; does not genuinely subscribe or believe in the tenets of the Rukun Negara namely Kepercayaan kepada Tuhan or Belief in God.

Marcel claimed further or in the alternative the statements of the defendant are lies that were uttered with malice, in that the defendant knew it was false or would cause damage or harm.

The defendant by reason of making such false statements had intended to publish injurious falsehood and slander and the defendant knew or was reckless as to whether the said statements was not true, claimed Marcel.

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Marcel claimed that in consequence, he is entitled to an additional award of punitive and/or exemplary damages in an amount sufficient to punish the defendant and to deter the defendant from committing such despicable acts or making such blasphemous statements in the future.

He sought damages for interference with the Constitutional right to freedom of religion under Article 11 of the Federal Constitution against the defendant in the sum to be assessed, damages for blasphemy against the defendant in the sum to be assessed; punitive damages against the defendant; Injunctive relief against the defendant restraining the said defendant from making defamatory, malicious, injurious, blasphemous remarks about the plaintiff's faith and religion; interest; cost and any other relief deemed fit by the court.

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