Vern’s can sue those responsible for instigating shoe sole fiasco: lawyers

Legal experts say possible to sue individuals under ‘tort of incitement’, urging the company to assert their rights amid escalating situation

8:00 AM MYT

 

KUALA LUMPUR – Homegrown footwear brand Vern’s Holding Sdn Bhd has legal standing should they decide to pursue legal action against those who initiated the fiasco involving a graphic on the shoe sole, say lawyers.  

Rajesh Nagarajan told Scoop that the brand could sue the individuals who triggered the issue under “tort of incitement”. 

He also called for politicians who had jumped on the bandwagon to “cool it”. 

“The acts of extremism, especially religious extremism, are getting more and more common in the country.  

“The boycott culture is going to hurt a lot of people. I believe (that) the rakyat, among ourselves, is harmonious, but it is the politicians who always find a cause to stir things up. 

“I believe Malaysians are lovely people, but they are ruled by politicians who care nothing about the country’s harmony and stability (and) purposefully incite racial and religious fervour in order to gain support from certain communities and votes in elections.

“This is a betrayal most vile and the powers that be must clamp down on such incitement.” 

Meanwhile, Siti Kasim told Scoop that the company could take a leaf from Swatch Malaysia’s playbook and sue authorities for confiscating their rainbow-coloured watches. 

This, she said, would not only protect the brand, but it would also serve as a lesson to the public to not trigger racial and religious issues without evidence. 

“I suggest that Vern’s sue these people, (especially) those who made it into an issue (in the first place). It will teach others to be more careful and mindful before acting on something like this in the future. 

“I understand if they fear a public backlash if they decide to do so (pursue legal action). However, this will protect their brand and protect other local brands as well. 

“If there is no stern action taken by the company (other than apologies), it will risk other brands being put under similar scrutiny in the future.” 

She also suggested Vern’s pursue legal action against the police, especially since the authorities have seized 1,145 pairs of shoes. 

“It might be difficult to sue the police because, commonly, the court would rule that they do have the right (to confiscate items due to their power of investigation. 

“(But) be as it may, the authorities should not have confiscated thousands of the shoes. Just take one and run your investigation on it. If there were elements of the ‘Allah’ script, as claimed, and there were intentions to incite Muslim anger, then you should confiscate all. 

“But (it is unfair) when you have no (concrete) proof, no nothing to prove the word really is ‘Allah’. It will only hurt the brand (as) they have to cover the losses. (Therefore), they are liable to be sued if they have wrongly conducted their process of investigation.”

The high-heel sole design fiasco erupted last Sunday, when a Facebook video of a man claiming that a high-heel shoe from Vern’s had an inscription that looked like the word “Allah” on its sole went viral.  

The company has since clarified that it never intended to disrespect or undermine any religion or belief. They also explained that the design was entirely inspired by the silhouette of a high-heeled shoe. 

The company’s founder, Datuk Seri Ng Chuan Hoo, has profusely apologised to the public for the incident and promised not to make similar mistakes in the future.

He also said he is ready to cooperate with the authorities in their investigation. – April 9, 2024

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