“The filing of reports all over the country is a political stunt and a futile exercise,” A Srimurugan told FMT.
The lawyer was commenting after Amanah secretary-general Faiz Fadzil made a call to arms to urge an investigation into comments made by Kedah menteri besar and PAS election director Sanusi Nor.
Speaking at the Islamic party’s Himpunan Ummah Selamatkan Malaysia event last Friday, Sanusi had claimed that Amanah was “created by DAP”.
In a statement issued the following day, Amanah secretary-general Faiz Fadzil said the party will lodge police reports nationwide calling for investigation into the statement, which it claimed was defamatory.
Faiz also dismissed Sanusi’s claim as a desperate attempt to sway public perception against his party.
Srimurugan said he doubted that Sanusi’s statement gave rise to an offence, whether under the Penal Code or any other penal law.
“The statement or speech may have been distasteful but in all probability, he (Sanusi) has not violated any criminal law provision,” he added.
The lawyer said even if multiple reports were made, they would be compiled and sent to the nearest police station where the alleged offence was committed for investigation.
Meanwhile, lawyer Guok Ngek Seong said Amanah, a partner in the unity government, may face an uphill battle if it chooses to sue Sanusi for defamation in the light of a Federal Court ruling delivered three years ago.
He said a seven-member apex court bench had in a case brought by MCA against Kepong MP Lim Lip Eng held that political parties cannot sue individuals for libel or slander as they do not have a “reputation” that needs protection.
“All lower courts are bound by that ruling. Only another Federal Court bench can depart from it,” he said.
Lawyer Syed Iskandar Syed Jaafar said the better option was for Amanah to issue political statements via the mainstream and social media to counter Sanusi’s claim.
“As a party in power, they will have the means to reach their targeted audience,” he said, adding that Amanah needs to put out a consistent narrative which is capable of countering PAS’s “mind games”.