J&E Advance Tech suit: Azmin defends ‘telur’ speech, says no intention to defame anyone

He testifies that it was not slanderous but rather focused on questioning government policy on egg imports

3:11 PM MYT

 

KUALA LUMPUR – Datuk Seri Mohamed Azmin Ali today defended his “telur” speech, stating that he was merely seeking clarification and had no intention of defaming anyone.

The Hulu Kelang assemblyman also insisted that he had never mentioned J&E Advance Tech Sdn Bhd or its directors’ names in his speech.

The 59-year-old politician was testifying as the defendant in the suit brought against him by J&E Advance Tech.

“My speech was never intended to slander anybody, and I didn’t even mention the plaintiff (J&E Advance Tech) nor its director’s name.

“I was merely questioning the government’s process in awarding contracts to import eggs from India because I was made to understand that the company was the sole egg importer based on (Agriculture and Food Security Minister) Datuk Seri Mohamad Sabu’s explanation in Parliament,” he said in his witness statement.

“I was also questioning the role of (businessman) Deepak (Jaikishan) in my speech, following the circulation of photos showing him seated next to Mohamad Sabu on a flight, as well as riding in a buggy in India.

“My speech was never slanderous… I was merely asking questions,” he said during the re-examination led by his lawyer, Nazimuddin Abdul Hamid.

Azmin gave the contentious speech during a ceramah on March 11 last year, where he criticised the government’s decision to award a project to the company as the sole egg supplier in the country, alleging that the procurement process was irregular.

Deepak is also a member of the company’s family.

On Monday, Deepak testified before judicial commissioner Leong Wai Hong, stating that Azmin’s speech had spoiled his birthday last year.

He also alleged that Azmin’s speech had crippled all the efforts invested in the business by his brother, Rajesh Jaikishan, and his sister-in-law.

Azmin also told the court that his speech was solely seeking clarification on the government’s policies, particularly its stance on implementing an open-tender process, and declared war on direct negotiation methods.

“The government’s policy is to award contracts via open tender. Therefore, my question in the speech was: Why was the contract awarded to J&E Advance Tech considered a special case?

“Typically, direct negotiations or special cases in contract awards are reserved for companies with niche technologies or products.

“But in the case of importing eggs, I am of the view that all companies have the qualifications or capabilities to import eggs. Why would the government award the contract to just one company and only focus on one country to import eggs from?

“That was the gist of my speech. It was just me, as a concerned citizen and member of the public, questioning the government and the minister involved in their policies,” he said.

At the end of today’s proceedings, Leong instructed both parties in the suit to submit a written statement guiding the court on Azmin’s position regarding whether his speech could be classified as “qualified privilege”, given his affiliation with a political party. 

“He is more than a normal citizen and has the right to ask about governance matters and procurement processes by virtue of his position within a political party. The question remains whether he is entitled to pose such inquiries,” he said.

The judge fixed July 25 for oral submissions and ordered both parties to submit their written submissions before the date.

J&E Advance Tech seeks RM20 million in damages from Azmin, alleging that his statements were made in bad faith and intended to harm the company’s reputation.

The company is seeking general, exemplary, and aggravated damages from Azmin, as well as a court order to stop the politician from repeating such statements. – May 17, 2024

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