'Newspapers important to publicise defects and shortcomings'

PETALING JAYA: The role of newspapers is important to publicise defects and shortcomings in the system to give public awareness, held the Kuala Lumpur High Court.
Judge Datuk Kamaludin Md Said made the remark when citing a case law that it is important that such defects should not be swept under the carpet.
He said this in his 88-page written judgment, which was obtained recently, when dismissing a defamation suit against theSun and its former deputy editor (special reports and investigations) Terence Fernandez for publishing three articles regarding a RM32.4 million flower contract by Kuala Lumpur City Hall (DBKL).
Kamaludin had last Jan 9 dismissed the suit brought by businessman Datuk Abdul Halim Ali and his company, Brightmark, against the Sun Media Corporation Sdn Bhd and Fernandez for publishing the articles in November 2009.
The articles were a news report entitled "RM32m deal nipped"; "KL Mayor cancels RM32mil flower contract" and "MACC should follow the stink", which appeared in Fernandez column.
Fernandez, currently The Edge Media Group Investigations Editor, had refuted the allegation that he had malicious intentions against Abdul Halim and that his articles were critical of DBKL practices and government procurement, which was awarded without tender.
Kamaludin, who held that the articles were not defamatory, said in the written judgment that they were clearly critical of government procurement procedures and expenditures.
"The articles are an attack on government priorities in expenditure and government procurement procedures," he said.
"Hence the role of the newspaper and the press become very important to publicise whatever defects and shortcomings that occurred during such events in order to give public awareness," he said.
Kamaludin said that in the era of increased transparency, calling for an investigation should not be interpreted as an allegation that there has in fact been wrong-doing.
He said the impugned articles raised questions whether public funds could have been used for better purposes instead of on flowers and plants.
"The criticism was against DBKL and not the plaintiffs. And this criticism was pursuant to an admission by DBKL, through former mayor (Tan Sri Ahmad Fuad Ismail), that the government had wasted its money on the 2006 contract.
"As to the profits made by the plaintiffs, reading the impugned articles as a whole, the defendants specifically and clearly says that the plaintiffs cannot be blamed for making profits from the 2006 contract," he added.
Kamaludin said the impugned articles, if read together and viewed objectively, a reasonable person using general knowledge and common sense would understand and come to a conclusion that they:
* criticised the expenditure of RM32.4million on flowers and plants;
* criticised the awarding of contracts without tender;
* called for investigations into the procurement procedures; and
* praised the mayor for his decision in revoking this contract.
He said a better interpretation of the articles is that they question whether decisions made by political masters were an abuse of the public trust.
"The political masters in office in 2006 are not the plaintiffs. Thus it does not suggest that the plaintiffs abused the public trust," said Kamaludin, adding the articles have questioned that some ministers use their influence and power to gain favours for themselves and their minions.
"The paragraph in question is clearly a general comment about the need to control ministerial activities, rather than being about this contract specifically," Kamaludin said.
He pointed that the law is that one cannot pick and choose parts of the publication and claim they are defamatory because there could be other passages or words mentioned in the publications that have taken away the sting.
"Alleging that a person is being investigated or calling for an investigation into someone are not an allegation that the person is guilty of a crime," Kamaludin said, reiterating several times that the articles are not defamatory and was not directly attacking the plaintiffs as claimed.
He said the articles did not accuse the plaintiffs of being involved in bribery or corruption.
On Jan 16, 2014, Abd Halim had admitted to the High Court that he obtained the contract from DBKL in 2006 without a tender and had lobbied former prime minister Tun Abdullah Ahmad Badawi to extend the contract from February 2006 to February 2009.
Ahmad Fuad had on March 28, 2014, confirmed that Abd Halim had continued to lobby for the renewal of the flower contract with DBKL after the expiry and being informed of DBKL's budget constraints.
Fernandez and theSun was represented by Datuk Nitin Nadkarni and Himahlini Ramalingam while the plaintiffs were represented by former solicitor-general II Datuk Yusof Zainal Abiden and Kamarul Hisham Kamaruddin.