KUALA LUMPUR (Sept 19): Home Minister Datuk Seri Saifuddin Nasution Ismail has denied defaming Kedah Menteri Besar (MB) Datuk Seri Muhammad Sanusi Md Nor prior to the state elections with regards to his comments on the purported theft of rare earths in Sik, Kedah, and over funds allocated by the Malaysian Road Records Information System (Marris) that were supposed to be used for the management of roads there.
In the minister’s defence filed on Sept 14 via Messrs Nav & Co, Saifuddin, who is also PKR secretary-general, said he was raising those issues out of public interests for the benefit of people in the state in light of the state elections.
He further denied that there was any malice or spite in him or that he intended to tarnish Sanusi’s reputation.
Saifuddin contended that the matters uttered with regards to rare earths were true following the actions taken by the Kedah Land and Mines Department that resulted in compounds being issued and the case of trespassing in removal of rare earths being filed at the Sessions Court there, and the Malaysian Anti-Corruption Commission had also arrested a suspect.
“Sanusi did not suffer any loss and damage with regards to his reputation, and this is evident in his success in retaining the Jeneri constituency in the 2023 state election with a majority of 16,000 votes and being re-sworn as Kedah MB and claiming eight portfolios,” Saifuddin said in his defence.
Saifuddin said what was highlighted in those instances should be the perception that Sanusi is a weak leader, lacking essential leadership qualities required to effectively govern the state.
With regards to the Marris system, Saifuddin said funds allocated for Marris are for the management and maintenance of state roads and not meant to be incorporated in the state development funds, and this was highlighted by the audit report in 2021.
This follows directives having been issued to states that this federal allocation as stipulated under Article 109(1)(b) of the Federal Constitution required the federal government to give an annual grant for the maintenance of roads and it should be used for that purpose.
Saifuddin noted that Sanusi’s government, had written two letters dated Feb 26, 2023, and June 4, 2023, to request the Ministry of Finance's (MOF) approval to transfer the state’s accumulated balance in Marris funds to the state’s development funds, and this denotes that the funds could have been used for such purpose and not for roads.
However, he said since 2013 to 2014, the federal government stipulated that the management of Marris funds was for the expenditure for state road maintenance and it would be charged directly to the Marris fund and should not be used for other purposes.
Hence, the minister said such use of Marris funds by the Kedah government was improper or indicated a lack of proper financial management and ran counter to the principles of proper financial governance.
"Sanusi’s request was not approved by the MOF, as [the transfer of] funds for Marris to the state development fund [is] improper and irregular from a legal and financial governance [standpoint]."
The minister reiterated that the comments he made as alleged constituted fair comment on matters of public interests and claimed the defence of qualified privilege in ensuring proper governance mechanisms are implemented in addressing such issues.
Sanusi was reported to have filed the suit last month in Alor Setar, before the state elections where he sought an apology from Saifuddin along with aggravated, exemplary and general damages to be assessed over the allegations made.
The Alor Setar High Court has fixed Sept 21 as case management for the matter.