You are 'Stupid' is not defamatory

PUTRAJAYA: Calling a person “stupid and recalcitrant” does not amount to defamation, the Court of Appeal has ruled.

Court of Appeal judge Justice Mohd Hishamudin Mohd Yunus, who chaired a three-man panel, held this in a civil appeal brought forward by Jelutong MP Jeff Ooi (pic) against a politician over the dismissal of Ooi’s defamation suit.

Justice Mohd Hishamudin ruled Thursday that “although it was not nice to use the words”, it did not amount to defamation.

On April 22 last year, Ooi’s defamation suit against Gerakan deputy secretary-general Dr Thor Teong Gee for calling the former “stupid and recalcitrant” at a press conference was dismissed by the Penang High Court.

Justice Mohd Hishamudin, who upheld the High Court’s ruling in an unanimous decision, also ordered Ooi to pay RM10,000 to the defendant in costs.

In the coram were Court of Appeal judges Justice David Wong Dak Wah and Justice Vernon Ong Lam Kiat.

At the outset of court proceedings when queried by Justice Mohd Hishamudin, Ooi’s lawyer R. Ramesh Sivakumar argued that those words were defamatory because they were a personal attack on the credibility of his client.

Ramesh Sivakumar argued that Dr Thor had acted mala fide by using those words.

“He could have used better words. By calling him stupid, he was portrayed as not fit to be an MP,” he added.

However, Dr Thor’s counsel Baljit Singh and V. Amareson were not required to submit in the appeal.

In an immediate response, Dr Thor said he was very grateful for the appellate court’s decision as he had never made a personal attack against Ooi.

“An NGO invited me to give a professional views on medical issues on radiation,” said Dr Thor, who is a Penang-based medical doctor, when contacted.

In her ruling earlier, High Court Judicial Commissioner Nurmala Salim said Ooi had failed to state the alleged defamatory words in the original language, which was in Mandarin, in his statement of claim.

She also held that the words used by the defendant Dr Thor in the press conference were in reference to a radiation issue, and not a personal attack against Ooi.

“I am inclined to concur with the defendant’s (Dr Thor) counsel that the words uttered are commonly used by Malaysians of all races during an argument or when one is angry,” she said in her decision.

She also said the court did not see how the words had sullied Ooi’s reputation and office, as he had earned a bigger majority of votes in the 2013 general election compared with the general election in 2008.

“The plaintiff (Ooi) himself had refused to state how the words had tarnished his office and reputation,” she said, before dismissing the suit and ordering Ooi to pay RM20,000 in costs to Dr Thor.

Ooi sued Dr Thor for defamation for allegedly uttering the words “stupid and recalcitrant” against him in a press conference on May 21, 2010.

He sought aggravated and exemplary damages, a retraction and an apology by Dr Thor, as well as costs and other relief deemed fit by the court.

By M. Mageswari The Star/Asia News Network

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Missing flight MH370 anniversary, plane hijacked by conspiracy theories!

A year on, lack of hard facts, initial confusion and overnight 'experts' add to fog of uncertainty

KUALA LUMPUR: It’s been exactly a year since Malaysia Airlines’ Flight MH370 disappeared en route from Kuala Lumpur to Beijing, and despite the most extensive search in aviation history, the fate of the Boeing 777 aircraft and the 239 people on board remains a mystery.

While the search led by Australia in the depths of the Indian Ocean continues, how and why a sophisticated aircraft carrying 227 passengers and 12 crew vanished without a trace has piqued the curiosity of many.

The authorities and aviation experts remain baffled. They believe only the plane’s cockpit voice and flight data recorders can shed light on why the plane was diverted from its original path and headed south across the vast Indian Ocean.

The lack of hard facts and the initial confusion when the plane was declared missing gave rise to a flood of anecdotal “evidence” and a crop of overnight aviation “experts” basking in their two minutes of fame.

Numerous conspiracy theories over the fate of flight MH370 have been appearing ever since, with none providing a credible clue on what could have really transpired.

In the run up to the first anniversary of MH370′s disappearance, conspiracy theorists went into overdrive.

The latest was Jeff Wise, a science journalist and author, who claimed that the plane was hijacked on the behest of Russian President Vladimir Putin and flown to a remote landing strip in Kazakhstan.

But why would Putin want to hijack a Malaysian plane in the first place?

On March 3, a senior Boeing 777 pilot claimed that flight MH370 was taken on an emotional last farewell ride over the pilot’s home island of Penang, before the pilot ditched the plane into the ocean.

Captain Simon Hardy who came up with this theory, published in Flight International magazine, is based on the initial suspicion that the MH370′s Captain Zaharie Ahmad Shah could have turned rogue and deliberately flown the plane off course.

But there is nothing to substantiate this claim.

In December 2014, a former French airline boss Marc Dugain in a six page article in Paris Match claimed that the US might have shot down flight MH370 as it approached the US military base on the Diego Garcia atoll in the western Indian Ocean, fearing a 9/11 style attack on the base.

The US military is said to have covered up the incident.

Immediately, the US embassy in Kuala Lumpur stated that there was no indication that flight MH370 had flown near the US military facility in the first place.

Former prime minister Mahathir Mohamed, too, had his own idea: just two months after the plane disappeared, he wrote in his blog that “someone” must have remotely seized control of the aircraft from the pilots.

He based his argument on a supposed patent received by Boeing in 2006 for an “anti-terrorism auto-land system” that, once activated, removed all control from the pilots to return a commercial airliner to a pre-determined landing location. But Dr Mahathir failed to mention who that “someone” could be behind the plot. So back to square one.

Everything on board the plane, including its cargo and passengers, came under suspicion right from the onset.

Conspiracy theorists claimed that the plane was carrying dangerous cargo that caused a fire on board or crippled the plane’s operating systems.

Among the items in the cargo manifest were highly flammable lithium ion batteries. Did the batteries have anything to do with the plane’s fate like the fire in South African Airways’ Flight 295 in 1987?

Other conspiracy theorists focussed on the 20 employees of Freestyle, a Texas based semiconductor manufacturing company; the equipment they were carrying had radar-blocking capabilities developed by the company, thus crippling the plane’s systems, these theorists claimed.

Fingers were also pointed at two Iranians on the passenger list who boarded the plane with forged travel documents. Could they have been terrorists who hijacked the plane to an unknown destination or sabotaged the plane?

But Interpol revealed that the pair had no links with any terrorist groups and were on their way to seek asylum in Europe.

And of course there were the out-of-this-world conspiracy theories. The plane was hijacked by aliens. A Malaysian bomoh claimed the plane was hijacked by elves and was permanently suspended in the air.

Two months after the plane disappeared, Indian film director Rupesh Paul put up a trailer for a film about MH370 at the Cannes Film Festival, to be called “The Vanishing Act: The Untold Story of the Missing Malaysian Plane”.

CNN, which had given the MH370 story its full wall-to-wall treatment, described it tellingly: “If the Cannes Film Festival had an award for most squirm-inducing production, it would surely go to the producers of a new thriller telling the “real” story of the still-missing Malaysian Airlines jet.”

National Geographic turned out a documentary that was more cautious in its approach visualising all possibilities including a catastrophic failure of aircraft systems or structure. But there are not definitive answers.

The confusion in the first days of the aircraft’s disappearance led to parallels with conspiracy theories about the assassination of US President John F. Kennedy, mainly that the government had covered up crucial information in the aftermath of the incident.

LOOKING BACK: THE FINAL MOMENTS OF MH370

* Malaysia Airlines’ Flight MH370 departs from Kuala Lumpur International Airport in Sepang at 12.41 am to Beijing with 227 passengers and 12 crew. It was a code sharing flight with China Southern Airlines.

At the helm of the Boeing 777-200 ER was veteran pilot Capt Zaharie Ahmad Shah.

The passengers include 153 Chinese nationals, 38 Malaysians, 12 Indonesians, six Australians, three French, four Americans, two from Ukraine, New Zealand and Canada respectively and one each from Russia, Taiwan, Italy, the Netherlands and Austria.

Less than one hour into the flight, as the plane approached the Igari Waypoint, in South China Sea, where it was to be handed over to the Ho Chi Minh City air traffic control, it disappeared from the radar screen.

“Good night Malaysian three seven zero” were the last words spoken from the cockpit. No distress signal received.

Subesequently the plane was tracked by Malaysian military radar as it deviated from its planned flight path and crossed the Malay Peninsula and headed towards the Andaman Sea.

Communications pings between the aircraft and Inmarsat’s satellite network concluded that the flight continued until 8:19 am towards southern Indian Ocean. However, the precise location could not be determined.

A major multinational search was mounted without success. Australia leads the second phase of the search with the cost mounting.

- BERNAMA/FMT

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U.S. Ambassador Mark Lippert attacked by South Korean

SEOUL, South Korea (AP) — The U.S. ambassador to South Korea struggled with pain as he recovered Friday from a knife attack, while police searched the offices of the anti-U.S. activist who they say slashed the envoy while screaming demands for Korean reunification.

The attack Thursday on Mark Lippert, which prompted rival North Korea to gloat about "knife slashes of justice," left deep gashes and damaged tendons and nerves. It also raised questions about security in a city normally seen as ultra-safe, despite regular threats of war from Pyongyang.

While an extreme example, the attack is the latest act of political violence in a deeply divided country where some protesters portray their causes as matters of life and death.

Lippert, 42, was recovering well but still complaining of pain in the wound on his left wrist and a finger where doctors repaired nerve damage, Severance Hospital official Yoon Do-Heum said in televised briefing. Doctors will remove the 80 stiches on Lippert's face on Monday or Tuesday and expect him to be out of the hospital by Tuesday or Wednesday. Hospital officials say he may experience sensory problems in his left hand for several months.

Police, meanwhile, searched the offices of the suspect, Kim Ki-jong, 55, for documents and computer files as they investigated how the attack was planned and whether others were involved. Police plan to soon request a warrant for Kim's formal arrest, and potential charges include attempted murder, assaulting a foreign envoy, obstruction and violating a controversial South Korean law that bars praise or assistance of North Korea, Jongno district police chief Yun Myung-sung told reporters.

Police are investigating Kim's past travels to North Korea — seven times between 1999 and 2007 — during a previous era of inter-Korean cooperation, when Seoul was ruled by a liberal government. Kim attempted to build a memorial altar for former North Korean leader Kim Jong Il after his death in December 2011, police said.

Kim, who has a long history of anti-U.S. protests, said he acted alone in the attack on Lippert. He told police it was meant as a protest of annual U.S.-South Korean military drills that started Monday — exercises that the North has long maintained are preparations for an invasion. Kim said the drills, which Seoul and Washington say are purely defensive, ruined efforts for reconciliation between the Koreas, according to police officials.

While most South Koreans look at the U.S. presence favorably, America infuriates some leftists because of its role in Korea's turbulent modern history.

Washington, which backed the South during the 1950-53 Korean War against the communist North, still stations 28,500 troops here, and anti-U.S. activists see the annual military drills with Seoul as a major obstacle to their goal of a unified Korea.

"South and North Korea should be reunified," Kim shouted as he slashed Lippert with a 25-centimeter (10-inch) knife, police and witnesses said.

Kim is well-known among police and activists as one of a hard-core group of protesters willing to use violence to highlight their causes.

Police didn't consider the possibility that Kim, who has ties to the Korean Council for Reconciliation and Cooperation, which hosted the breakfast meeting where Lippert was attacked, would show up for the event, according to a Seoul police official who didn't want to be named, citing office rules.

U.S. ambassadors have security details, but their size largely depends on the threat level of the post. Seoul is not considered to be a particularly high threat post despite its proximity to the North Korean border. It's not clear how many guards Lippert had, but they would have been fewer than the ambassadors in most of the Mideast.

Seoul's Foreign Ministry said it was the first time a foreign ambassador stationed in modern South Korea had been injured in a violent attack.

However, the Japanese ambassador narrowly escaped injury in 2010 when Kim threw a piece of concrete at him, according to police. Kim, who was protesting Japan's claim to small disputed islands that are occupied by South Korea, hit the ambassador's secretary instead, media reports said, and was sentenced to a three-year suspended prison term over the attack.

The website of the Woorimadang activist group that Kim heads describes the group's long history of anti-U.S. protests. Photos show him and other activists rallying last week in front of the U.S. Embassy in Seoul to protest the U.S.-South Korean military drills, which are to run until the end of April.

North Korea's state-controlled media crowed Thursday that Kim's "knife slashes of justice" were "a deserved punishment on war maniac U.S." and reflected the South Korean people's protests against the U.S. for driving the Korean Peninsula to the brink of war because of the joint military drills.

U.S. Secretary of State John Kerry, in Saudi Arabia for meetings with regional leaders, said the U.S. "will never be intimidated or deterred by threats or by anybody who harms any American diplomats."

Activists in Seoul, meanwhile, expressed worries that the attack on Lippert would harm the public image of peaceful protesters, or prompt the conservative government to suppress their activities.

Small to medium-sized demonstrations regularly occur across Seoul, and most are peaceful.

But scuffles with police do break out occasionally, and the burning of effigies of North Korean and Japanese leaders is also common. Some demonstrators have also severed their own fingers, thrown bodily fluids at embassies and tried to self-immolate.


Lippert became ambassador last October and has been a regular presence on social media and in speeches and presentations during his time in Seoul. He's regularly seen walking his Basset Hound, Grigsby, near his residence, not far from where the attack happened. His wife gave birth here and the couple gave their son a Korean middle name.

-  Associated Press writers Hyung-jin Kim in Seoul and Matthew Lee in Riyadh, Saudi Arabia, contributed to this report.

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