“We have been instructed by our client to file a transfer application for this suit to be heard at the Kuala Lumpur High Court. We will also be filing a striking-out application against the Pahang government,” her lawyer, Rajesh Nagarajan told FMT.
He said the Pahang government was in no position to file a defamation suit against his client.
“We are of the opinion that a state government does not have a reputation and thus should not be filing a defamation suit against a member of the public.
“This is further compounded by the fact it is taxpayers’ money that is being used to launch a defamation suit against a member of the public with the state government appointing a private firm instead of government lawyers to file this suit,” Rajesh said.
In February, the state government sought an apology and RM1 million in damages from Shariffa Sabrina for allegedly making defamatory statements in two Facebook posts dated Dec 29 and Dec 30 last year, and during a Sinar Harian interview on Jan 12.
A notice issued by law firm Messrs Hidayah Ishak & Partners, sighted by FMT, said that Shariffa Sabrina had 14 days to comply with the demands, failing which the state government would file a claim with the courts without referring to her as well as seek other damages.
On April 6, the Pahang government filed its statement of claim, alleging that the defendant’s statements had insinuated that the floods which hit the state last year were caused by alleged rampant logging.
It also pleaded that the statements on a whole contained “false and baseless allegations” and amounted to “serious defamation on the reputation and good name of the state government”.
Meanwhile, Shariffa Sabrina in her statement of defence filed on May 23, countered that a state government could not be defamed and its actions should be open to public scrutiny.
She contended that her statements were fair comments as they could be made honestly and reasonably by any fair-minded person based on true facts, in line with the right to freedom of speech and expression under Article 10 of the Federal Constitution.