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Publishers have duty to check truth: Harris
Published on: Saturday, August 27, 2016
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Kota Kinabalu: Book printers and publishers have a duty to check the contents of what they undertake to do as a business transaction involving reputation of statesmen, former Chief Minister Tan Sri Harris Mohd Salleh (pic) told the High Court, here.He was responding to questioning under cross-examination in a case he brought against five parties who he alleges to have defamed him in a book.

Harris and leading defence counsel Raymond Szetu also had long exchanges on what constitute a statesman which Harris said he deserved to be so recognised as defined by dictionaries, dignified with the people's respect, honour and recognition.

Szetu reminded him that he (Harris) had lost in a few past elections, which he said was a fair yardstick for measuring people's support.

"MPH has a history of more than 100 years. They should have the people and the system to check whether or not what they print and publish is true and accurate," Harris said, inferring that one of the defendants holds shares or interests in the MPH Group of companies.

Harris is suing Dr Shaari Isa, the author of the book "Vendetta and Abuse of Power – Quest for Justice in The Land Below the Wind" (1st Defendant), Syed Salem Albukhary (2nd Defendant), a brother of the late Tan Sri Syed Kechik and the printer, publisher and distributor – MPH Group of companies (3rd to 5th defendants) for defamation (libel).

Harris claimed that all allegations against him in the book were gossips. He is seeking damages and book ban.

Harris said the offending book contents in their natural and ordinary meanings were understood to mean that he is corrupt, had used or abused his position and power to amass his wealth and is guilty of criminal acts;

- engaged in lies, deceit and corrupt practices, which such practices being done in liaison with government and government officials;

- influenced others or officers of the State of Sabah and the judiciary to victimise and deny justice to Syed Kechik or his brother, the 2nd defendant;

- when as Chief Minister committed criminal and corrupt practices to serve or to further his own personal interest only to the detriment of the State and people of Sabah as a whole;

- was only concerned with bolstering his own image without sincere regard to do development of the rural areas and to Sabah in general;

- ravaged the forest resources of Sabah with the sole ambition to fatten his own bank account or to enrich himself;

- is a dictator who acted according to his emotion and with no regard to the rule of law and or without moral or principle at all;

- is untrustworthy and is bent on abusing his power in order to satisfy his ego and or to fulfil his need for vengeance by unlawful means;

- and did nothing in helping and up-lifting the wellbeing of the people of Sabah, in particular the natives and wilfully ignored the national New Economic Policy during his nine-years tenure as the Chief Minister of Sabah.

The 1st and 2nd defendants contend that the contents of the book when read in the whole context are not defamatory of Harris.

The 1st and 2nd defendants pleaded the defence of justification and fair comment.

The 3rd, 4th and 5th defendants admitted being the printer, publisher and distributor of the subject book but deny knowledge of the contents.

They also pleaded in alternative that the 1st defendant had assured them that the meaning attributed to Harris are true in substance and fact and further pleaded the defence of unintentional defamation, justification and fair comment.

Harris insists that the offending book contents are neither justified nor a fair comment made in good faith on matter of public interest. Furthermore, the defendants were actuated by malice in publishing the subject book which the public have no interest in the contents therein.

Harris contends that the impugned contents or the words complained of in the book are defamatory of him, refer to him, published and communicated to a third person.

On Szetu's contention that he (Harris) participated in illegal demonstration after Berjaya lost power to PBS, Harris replied that demonstration was allowed at that point in time (disagreed by the defence), and he did so for the sake of Islam to prevent communal clashes ("better to demonstrate than fight") as PBS the Christian-led party a Muslim party (Usno) over their electoral pact to defeat Berjaya.

Harris said he was never charged in court.

Harris also said the judge that ruled for PBS' President Tan Sri Joseph Pairin Kitingan over Tun Mustapha as the Chief Minister of Sabah was biased, and that he was never called as a witness in the case although he attended the trial.

Asked by Szetu why he did not volunteer to be a witness, Harris replied that the learned counsel should know not anyone could simply put up his hand to want to address the court in session.





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