Najib’s threat of legal suit won’t stop 1MDB questions, says DAP

Despite Prime Minister Datuk Seri Najib Razak's proposed defamation suit against opposition lawmaker Tony Pua, DAP today vowed to continue its questioning and probing of 1MDB.

Secretary-general Lim Guan Eng said Najib appeared to have made up his mind on suing Pua, the party's national publicity secretary, for defamation.

"As such, DAP does not wish to make any further comments on the proposed legal suit. Let the courts decide," Lim Guan Eng said in his speech at the DAP state convention in Kota Kinabalu.

However, Lim said DAP would not be distracted by Najib's proposed defamation suit nor would it stop its persistent probing and questioning of 1Malaysia Development Berhad.

"DAP will continue to press for a full accounting in the public's interests, the financial viability and rationale of 1MDB," Lim said.

He said that 1MDB was in debt to the tune of tens of billions of ringgit to finance its business operations.

"Najib's case against Pua will be historic as it is the first time in Malaysian history that a prime minister is filing a legal suit against an opposition lawmaker.

"This will not be a routine defamation action relating to the personal standing of the prime minister but also possesses far-reaching consequences with political implications."

Lim said DAP was behind Pua, with the party's national legal bureau chairman and Puchong MP Gobind Singh Deo entrusted with assembling a legal team.

"DAP hopes that while the suit by Najib is personal and private, the management decisions by 1MDB and the Finance Ministry will be made public."

Lim said public discourse and media coverage involving 1MDB should not be choked as it involved RM41.9 billion of debt and RM49 billion of total liabilities.

"If coverage and discourse on 1MDB are discouraged, this would be a national disservice to the 30 million Malaysians and also contrary to the principles of transparency and accountability."

On Friday, Najib had issued a letter of demand to Pua over the DAP lawmaker’s “defamatory” remarks against him on November 3 about 1MDB which caused him “tremendous stress and embarrassment”.

In the letter signed by Najib’s lawyer, Datuk Mohd Hafarizam Harun, Pua was told to publish a retraction and apology within 14 days in two national newspapers, or face legal action for his speech recorded in the November 3 video: “Tony Pua: Najib is creating the biggest scandal ever in the history of Malaysia”.

Pua was also told to remove the video from the Internet, stop further defamatory statements, and pay Najib for the damages over his remarks.

Najib’s lawyers said Pua’s statements in the video “mean and were understood to mean” that Najib was an incompetent prime minister and leader of Barisan Nasional; creating the biggest scandal in the history of Malaysia; was cruel, harsh, autocratic, not open to criticism; and was tyrannical and oppressive.

The letter said Pua had claimed in the video that Najib was incompetent in managing the country, had conspired against the nation; was corrupt; had robbed and misused the people’s monies; and abused his power as a political and party leader.

“Our client’s instructions are that the above defamatory statements and such similar statements amount to a very serious slander and/or libel against our client and have caused him tremendous stress and embarrassment,” read the letter.

The video was of Pua’s speech regarding the controversial 1MDB during the DAP fundraising dinner on November 3. According to a transcript in the letter, Pua had said: “Let me tell you this is the problem with Barisan Nasional. No one dares to stand up to the Prime Minister, and Najib now is like a king. A king that is creating the biggest scandal ever in the history of Malaysia. Huge! No one dares to say a thing, nothing, not even the pin drop from any of MCA of Gerakan leader or even Umno leaders...

“It is disgraceful, it is scandalous for 100% Ministry of Finance-owned entity with the board of advisers chaired by the Prime Minister himself not being able to submit accounts on time, especially when the company is so big when the public looks at it with great interest RM36 billion in debt they are not able to submit their account on time...

“There is only one reason why I think can. The reason why can is because all these MCA, MIC, Gerakan kakis all don’t dare to challenge their prime minister, all say okay okay thank you you, please carry on and rob the people’s money.”

Najib’s lawyer said Pua reproduced the statements “time and time again” and was continuing to have them published in various forums, news portals, social media and online media.

“Contrary to your defamatory statements above, our client being the chairman of the Board of Advisers of 1MDB only renders advice to the Board of Directors of 1MDB who is tasked for the management and operation of 1MDB, not a tyrannical and oppressive autocratic who is not open to criticism and shuns criticism, not a leader involved in corrupt practices and not a leader who robs the peoples’ money.

“Accordingly, these entirely baseless and false allegations made by you are with the primary intention of attacking and damaging our client’s goodwill and reputation for no justifiable reason.

“In doing so, you are/were acting with malice,” read the letter.

The letter stated that if Pua failed to provide a satisfactory response, it would commence legal proceedings against him, “including applying for an injunction to restrain any such further publication”.

Pua told The Malaysian Insider that his lawyer, Gobind Singh, was looking into the matter and would respond accordingly.

He added that TV3 staff were also present when the law firm’s representatives presented the letter to his staff today, although he was not in the office.

Hafarizam confirmed that his own dispatch had sent the letter to Pua’s office, but denied all knowledge of inviting the media along.

“I got my dispatch to just send the letter, it was just like any other dispatch – they went by bike. It wasn’t a big entourage.

“I deny having any knowledge, intention or design to have publicity for this. It was a normal dispatching letter of demand.”

He added that he had yet to receive any acknowledgement from Pua that he had received the letter. – November 22, 2014.