Kelantan Court says press statement on Prince marital dispute ‘qualified privilege’

KUALA LUMPUR, Sept 25 — The two Kelantan palace officers who were sued by the their prince for defamation claimed that the press statement in relation to the marital dispute between the prince and his wife was “an occasion of qualified privilege.”

In their statement of defence filed on September 11 at the Kuala Lumpur Civil High Court Registry, they said that they were merely acting in their respective position in the royal household on the instructions of the Regent of Kelantan.

The two officers claimed that the words in the statement were not meant to disparage the prince in his capacity as a member of the Kelantan royalty.

They contended that the marital dispute between the prince and his wife was a private and personal matter that did not concern the affairs of the office of the Sultan of Kelantan.

On August 10, Tengku Temenggong Tengku Muhamamd Fakhry Sultan Ismail Petra filed a defamation suit naming the Kelantan royal household administrative officer Nik Mahmud Nik Jaafar and controller of the household Datuk Abdul Halim Hamad as defendants.

The prince, who is third in line to the throne, had sued the duo over a press statement released on June 15 with regards to the marital problems faced by the prince and his Indonesian model wife Manohara Odelia Pinot.

Tengku Fakhry claimed that in the statement, signed by Abdul Halim, it was stated that the Sultan of Kelantan and the office of the Sultan should not be dragged into the marriage crisis involving Tengku Fakhry and Manohara.

The prince said, Abdul Halim had said in the statement that the Sultan and his office did not have any connection with statements made by Tengku Fakhry over the marital problems.

The prince said that by implying that his father and the office of the Sultan were distancing themselves from him, meant that he was guilty of torturing and abusing Manohara.

He claimed that it also meant that he was a prince of improper conduct who brought humiliation to the royal household to the extent that his father had to distance himself from him and matters involving his marriage.

He said the two defendants failed to respond to a June 24 letter from his lawyers, seeking an apology from them through the media within 48 hours.

The defendants also failed to submit to the lawyers a media statement clarifying that the first statement was incorrect, he said.

The two officers, in their statement of defence filed by the State Legal Advisor to the State of Kelantan, said that the press statement was issued to state to the public that the marital dispute between the prince and his wife was a private or personal matter and did not concern the Sultan of Kelantan and/or the office of the Sultan in his official capacity as the ruler.

They also claimed that at no material time did either of them utter any false, malicious or defamatory words against the prince or carried out any conversation with members of the press.

“By reason of the matters stated in this defence, the plaintiff’s action is devoid of a cause of action, frivolous, vexatious and abuse of court process. Therefore, the defendants prays that claim be dismissed with costs,” they said.

When contacted, Tengku Fakhry’s counsel Mohd Haaziq Pillay said that he would file a reply by next week. — Bernama

 

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