MACC withdraws defamation suit against Lalitha Kunaratnam

MALAYSIAN Anti-Corruption Commission (MACC) chief Tan Sri Azam Baki has formally discontinued his defamation lawsuit against whistleblower Lalitha Kunaratnam, leading to the Kuala Lumpur High Court vacating the scheduled trial date of July 9.

The lawsuit rooted in allegations concerning Azam’s ownership of shares in two publicly listed companies has been a subject of significant public interest.

Azam’s counsel from Zain Megat & Murad filed the notice of discontinuance on June 11, with Lalitha’s counsel from Khairuddin, Ngiam & Tan also signing the filing.

The notice clarified that the defamation suit was discontinued “without liberty to file afresh and without any order to cost” indicating that neither party could revive the case nor seek legal expenses from the other. The notice also mentioned that the case was dropped “on the basis of no prejudice and without admission of both parties”.

Azam had initially launched the defamation action in January 2022, in his personal capacity, after Lalitha published reports scrutinising his ownership of a significant number of shares in Gets Global Bhd (previously KBES Bhd) and Excel Force MSC Bhd during 2015 and 2016.

The revelations had sparked questions regarding the compatibility of such share ownership with his public servant salary.

On Jan 5, 2022, Azam acknowledged the shares were in his name but claimed they were bought by his brother and subsequently transferred to him.

Despite an inquiry by the Securities Commission (SC) that concluded without finding a breach of the Securities Industry (Central Depositories) Act 1991, controversy persisted due to the SC’s statement that Azam had “control” over his trading account and no evidence of proxy trading was found.

Throughout the legal proceedings, Lalitha maintained her stance, asserting the veracity of her reports and preparing to defend her claims in court.

In her defence, she indicated readiness to substantiate her articles, which Azam countered by questioning her credibility and labelling her as an untrustworthy source rather than a legitimate investigative journalist. – June 21, 2024

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