4 theSun | THURSDAY NOVEMBER 13 2008

news without borders

Court cancels injunction Medical service

to be extended
to all sports
KUALA LUMPUR: The exclu-
sive medical service provided
Ex-CJ foresees
merger of
law systems
PUTRAJAYA: Retired chief
justice Tun Abdul Hamid

against ex-MIC Youth chief

SHAH ALAM: The High
Court has cancelled the
interim injunction obtained
by MIC president Datuk Seri
S. Samy Vellu to stop the
party’s former Youth chief,
M. Vigneswaran, and three
others from continuing to
publish an article allegedly
defamatory of him.
Judge Rosnaini Saub
said Samy Vellu had failed
to satisfy the court why he
needed the order.
She said there was no
evidence that showed the
defendants had intended
or planned to reproduce
the article, which was
published on July 7, until
Samy Vellu obtained the
interim injunction ex-parte
on July 29.
“Therefore, under this
situation, I don’t see why
the court needs to grant the
injunction sought by the
plaintiff here,” Rosnaini
said, reading her written
judgment in chambers.
Samy Vellu filed the writ
of summons on July 24
and named Vigneswaran,
Malaysia Nanban editor
M. Maryanandy and the
Tamil newspaper publisher,
Penerbitan Sahabat (M) Sdn
Bhd, and printer, Aslita Sdn
Bhd, as the defendants.
He sought RM10 million
in damages for libel,
damages for conspiracy,
aggravated damages, costs
and other reliefs deemed fit
by the court.
The former works
minister claimed that the
article published in Malaysia
Nanban contained elements
defamatory of him, tarnished
his credibility, reputation
and image and changed
the public perception of
his ability to safeguard the
interests of Indians.
In his reply filed on Aug
13, Vigneswaran said all
statements he made were
true and it was to fulfill his
obligation to Indan youths.
Samy Vellu was
represented by S. Selvam,
and A. Vasanthi and
A. Kumar appeared for
Vigneswaran. Counsel
C.S. Arumugam and Khairun
Niza Husnin acted for the
other three defendants.
The court initially
granted the interim
injunction ex-parte on July
29. After the inter-parte
hearing, it yesterday denied
Samy Vellu’s application for
the order with cost.
Rosnaini also said the
article was published in
Tamil, and the translation
into Bahasa Malaysia had
been disputed because the
plaintiff as well as the first,
second and third defendants
came out with their own.
She said the court found it
difficult to determine whose
translation was accurate.
“Whatever it is, I reckon
it’s better for the issue to be
decided in a full trial,” she
said.
No date has been fixed for
the hearing. – Bernama
to hockey, badminton and
gymnastic athletes will be
extended to other sports, Na-
tional Sports Institute direc-
tor-general Datuk Dr Ramlan
Abd Aziz said yesterday.
He said the service was
provided to hockey players
and gymnasts because of
the higher risk of injuries
compared with other sports,
and badminton was included
because it was a priority
sport.
Ramlan said the institute
had suggested to the Youth
and Sports Ministry to extend
the service to all sports,
He gave the assurance
that there would be an am-
bulance and a medical officer
stationed at the institute to
prevent a recurrence of last
week’s incident involving
national high jumper Lee
Hup Wei.
Lee broke his arm after a
fall during training on Nov 5
but could not be attended to
immediately as there was no
ambulance at the facility.
Mohamad forsees the pos-
sibility of the common law
courts and syariah courts
in a Muslim-majority coun-
try being merged.
He said the combination
of the two courts would
harmonise common law
and syariah law principles
to deal with the complex
issues of conflicting laws
and jurisdiction of both
courts escalating from
inter-faith cases.
“The same judges may
be hearing the two types of
cases. Non-Muslim lawyers
will be arguing Islamic law
issues, just like non-Muslim
experts in Islamic banking
and Islamic finance are
already doing now,” he
said in his lecture at the
Abd Al-Razzaq Al-Shanhuri
Lecture, Islamic Legal Stud-
ies Programme at Harvard
Law School in the United
States last Thursday.
The text of his lecture
was released here yester-
day. – Bernama

Manoharan’s bid for Bill Clinton to give lecture

by Tan Yi Liang to intonlecture@petragroup.

habeas corpus fails again newsdesk@thesundaily.com

KUALA LUMPUR: Former US

KUALA LUMPUR: Kota Alam Shah
assemblyman M. Manoharan has failed for
the third time to get out of Kamunting after
the High Court here yesterday dismissed his
application for a writ of habeas corpus.
Justice Mohamad Zabidin Mohd Diah said
the grounds given in Manoharan’s affidavit
did not fall within the ambit of the application.
“Our law only allows the court to enquire
whether there is procedural non-compliance
in the detention,” he said.
Manoharan filed the application on Aug 8,
challenging the validity of the detention order,
dated Dec 13 last year, under Section 8(1) of
the Internal Security Act (ISA).
In his affidavit, he said the home
minister’s refusal to grant him permission
to attend the Selangor State Legislative
Assembly sittings on May 22, 23 and 26
and forcing him to take leave, tarnishes the
democratic process.
He also said he was not an individual
who could pose a threat to the country as he
was elected an assemblyman in the March 8
general election.
Senior Federal Counsel Abdul Wahab
Mohamad objected to Manoharan’s
application, saying the grounds forwarded
had no nexus with the legality of the
detention.
“It is a clear abuse of the process of the
court to file the instant application for habeas
corpus when an earlier application had been
finally determined by the Federal Court,” he
said.
Manoharan’s first bid for the writ of
habeas corpus was dismissed by the Kuala
Lumpur High Court on Dec 26, 2007. On
May 14 this year, the Federal Court also
ruled against him. He then filed another
application in the Ipoh High Court but it was
thrown out on Sept 8.
Earlier, in yesterday’s
proceedings, counsel Sreedevi
Naidu told the court Manoharan
wanted to appear and represent
himself, but the judge said: “After
going through the affidavit, I find
that there was no sufficient reason to
allow him to appear and to represent
himself in court.”
Seen in court were Ipoh Timur MP
Lim Kit Siang and blogger Raja Petra
Raja Kamarudin. – Bernama
net with their personal details,
MyKad or passport number.
The first 2,000 applicants
president Bill Clinton will be in will enter a ballot for tickets,”
town next month to deliver a he said.
lecture and receive an award. “I am sure he will have some
Sekhar Foundation and Petra fascinating things to say in the
Group chairman Datuk Vinod lecture when in Malaysia.”
Sekhar said yesterday Clinton will Vinod said that while the
deliver the inaugural BC Sekhar topic of the lecture has yet to be
Memorial Lecture organised by decided, it would be one relevant
the foundation with the support of to Malaysians as a whole.
the Asian Strategy and Leadership He also said Clinton will
Institute. receive the BC Sekhar Memorial
He said tickets for the lecture Award for his work to combat
will be chosen by ballot. poverty worldwide.
“We want “The BC Sekhar Medal will
to give be awarded to Clinton for his
everyone the tireless work to tackle the root
out today chance to causes of poverty in this world,
UPSR results th e
hear Clinton
talk. Anyone
his steadfast commitment
to foster understanding in
sa t fo r
JA YA : Ca nd idates who (U PS R) who divided communities, and his
PUTRA Se kolah Rendah lts in wants to determination to see people
ap ai an
Ujian Penc collect their
resu attend the working together in friendship to
la st Se ptember may y. th eS un ha d
r sc ho ol s fro m 10am toda ct io n da te lecture will bring about change,” he said.
thei
tly re po rted that the colle have the Vinod noted that the Clinton
incorrec chance by Global Initiative has positively
da y.
was yester sending impacted the lives of more than
an email 200 million people.