Marcel Jude Joseph named the Registrar of the High Court of Malaya as the first respondent, Rural and Regional Development Minister Ismail Sabri Yaakob as the second respondent and Messrs Kesavan, Advocates & Solicitors, a law firm based in Kuala Lumpur, as the third respondent.
Sabri had filed a suit against the paper over three articles published in 2015 on protected turtle eggs allegedly served at a Sabah Umno dinner in Sabah.
Marcel argued that the implications of the suit, which was filed in the High Court of Malaya instead of the High Court of Sabah and Sarawak, are serious not only for practitioners such as himself but also for litigants from the High Court of Sabah and Sarawak.
Among others, Marcel said the registration of the civil suit by the registrar, filed by Ismail’s lawyers on his behalf, would undermine the constitutional position and privilege of the advocates and solicitors of the High Court of Sabah and Sarawak and contravene Article 161B of the Federal Constitution.
He also claimed the suit goes against the doctrine of forum conveniens (a convenient forum) because the alleged issue took place in Sabah.
“The registration of the suit by the first respondent and filing in the High Court of Malaya by the third respondent is unconstitutional, ultra vires, null and void,” he said, adding that he was also applying for costs and any other relief deemed fit by the court.
He listed the grounds for the application, including that the suit contravenes the provisions of the Malaysia Agreement 1963, which states and secures the autonomy of the state of Sabah in the Federation of Malaysia and that the registration goes against jurisdiction guaranteed under Article 121 of the Federal Constitution.
Marcel noted that the High Court of Sabah and Sarawak enjoys the status of coordinate jurisdiction with the High Court of Malaya and that this is expressed in Article 121 of the Federal Constitution.
He argued that the defendants in the suit are in Kota Kinabalu and its newspaper, the Daily Express, had statewide circulation in Sabah and the online version also originates from Sabah.
“Besides, the witnesses are mostly, if not all, residing and working in Sabah.
“The suit, if allowed to continue, will set an unhealthy precedent for the future conduct of litigation for litigants and witnesses in Sabah.
“Allowing this suit would expose litigants and witnesses in Sabah to much inconvenience, costs and expenses in dealing with cases and appearances in respect of cases filed in the High Court in Malaya, instead of the High Court of Sabah and Sarawak.”
Sabah publisher, editor fail to annul Ismail Sabri’s defamation suit
http://www.freemalaysiatoday.com/category/nation/2015/11/05/i-did-not-eat-turtle-eggs-says-ismail-sabri/