KUALA LUMPUR (Sept 6): Former minister Datuk Seri Mohamed Azmin Ali has defended his comments, which are the subject of a lawsuit by a local egg importer company, by stating that he was merely questioning the government's open tender policy for government procurement.
In his statement of defence in the defamation suit brought against him by J&E Advance Tech Sdn Bhd, the Bersatu leader also said that his speech was fair comment, involving public interest, and denied any attempts to defame the company.
In the court document filed on July 27, the former Selangor menteri besar said that he had not named the plaintiff directly or indirectly during his political talk (ceramah) in March.
"The defendant pleads that his speech merely questioned the government policies and promises, not to defame any parties," the newly elected Hulu Kelang assemblyperson said in his statement of defence filed through his lawyers as seen by The Edge.
Azmin said that he had not mentioned the company's name, only mentioned and criticised the government's policies, and also questioned businessman Deepak Jaikishan's involvement in the project to import eggs.
J&E is suing the former international trade and industry minister over his comments that the company had obtained a contract through direct negotiations with the government to import eggs from India as a temporary measure to meet a domestic shortage.
Azmin said that his comments were justified, and cited Agriculture and Food Security Minister Datuk Seri Mohamad Sabu who through a written parliamentary reply on March 1 said that only one company from India was allowed to import eggs temporarily from the South Asian country.
He added that a week later on March 8, Mohamad announced the plaintiff company as the only company allowed to import eggs from India, and that the import permit was not done through an open tender process.
Azmin also referred to Ayer Hitam Member of Parliament Datuk Seri Dr Wee Ka Siong’s comments during a parliamentary sitting criticising the government’s move of allowing only one company to import eggs from India.
Azmin says his speech was fair comment, in public's interest
Azmin said that his comments highlighted the government's failure to keep to its promise of procurement through proper tenders, and where it still practised direct negotiations.
"The comments were of public interest, as the public needed the information in order to evaluate and to exercise their right as voters in the upcoming state elections," he said, referring to the six state elections, which took place on Aug 12.
In a reply filed on Aug 11, J&E contended that although Azmin did not name the company in the ceramah, he indirectly referred to it, because it was the sole company allowed to import chicken eggs at the material time.
The company added that Azmin had touched on the price and grade of the eggs, which would have impacted the company's business.
“By touching on the price and category of the imported eggs, the defendant gave the impression to the public that the size of the eggs did not tally with the price, and thus leading to the public to be deceived,” the company said.
J&E is now represented by the firm S Ravichandaran & Anuar, while Azmin is now represented by the firm Zharif Nizamuddin.
In the suit filed in April, the company is seeking general, aggravated and exemplary damages and costs of the action.
It is also seeking an injunction to be imposed on Azmin or his agents prohibiting them from making, writing or publishing such defamatory words against the company.