Lawyer Rajesh Nagarajan said Justice Nor Hayati Mat held that it was premature for the court to decide whether the impugned reports published by MalaysiaNow were defamatory in nature.
“The defence put forth is not obviously untrue, and therefore, there was no necessity for an interim injunction,” Rajesh quoted Hayati as saying.
On July 30, the plaintiffs – Farhash, Bumi Suria Sdn Bhd and businessman Aminudin Mustapha – filed a RM10 million lawsuit against MalaysiaNow and its editor, Abdar Rahman Koya, over three news reports linking him to the award of an exploration licence by a Sabah government agency.
Farhash claimed that various statements published by the portal alleging that he owned Bumi Suria and that the company had been awarded a licence were “false and defamatory”.
He said he was merely a director and shareholder of the company and sought an interim injunction to restrain the portal from publishing the reports or other similar articles on the subject pending trial.
In her decision, Hayati noted that while Bumi Suria had not been granted a licence, it was not disputed that the company had been granted permission to apply for one.
The court previously heard that Bumi Suria was issued a conditional letter of permission to apply for a prospecting licence by Sabah Mineral Management Sdn Bhd two weeks after Farhash and Aminudin were appointed as directors.
MalaysiaNow and its editor were represented by Rajesh, Sachpreetraj Singh Sohanpal and Amanda Sonia Mathew in the proceedings.
The plaintiffs were represented by Rajan Navaratnam, Sheena Stephanie Sebastian, R Aswath and Ezryl Azlyzan Ahmad Damanhuri.
Bumi Suria respects court ruling
In a statement, Bumi Suria said it respected the court’s decision and expressed confidence that the full details of the matter would be clarified during the trial.
The company noted that the court had said it was not inclined to grant the injunction at the preliminary stage as the key issue of whether Bumi Suria had been awarded a mining licence, or merely granted permission to apply for one, should be determined during trial.
Case management is fixed for Sept 18.
“Bumi Suria respects the court’s decision and remains committed to addressing these matters through the proper legal channels.
“The company continues to uphold its commitment to complying with all relevant laws and regulations in its operations,” it said.
Bumi Suria also thanked its stakeholders and the public for their patience and understanding.