MIGRANT worker rights specialist Andy Hall has been served a notice of demand for apology and a RM30 mil compensation for libel perpetrated on recruitment firm Agensi Pekerjaan Embun Karisma Sdn Bhd director Datuk R. Muthusamy.
Based on background checks by FocusM, Embun Karisma is a company supplying labour and dormitories to electronic manufacturing service (EMS) provider ATA IMS Bhd which has been embroiled in forced labour allegations in recent times.
ATA IMS is the largest component supplier to UK-based household appliance manufacturer Dyson which is recently facing legal action by more than a dozen former employees of the former for perpetuating forced labour and other dangerous working conditions at the factories of its supplier.
In the letter of demand sighted by FocusM, lawyer G. K. Sritharan of G.K. Sritharan & Co claimed that Hall had willfully sent an e-mail on Jan 6 at 9.15am to not less than 40 individuals, companies, government agencies and/or non-governmental organisations (NGOs) false and misleading statements about his client.
Among others, Hall was alleged to have made defamatory statements which include Muthusamy had offered Hall a consultancy service to electronic manufacturing service (EMS) provider ATA IMS Bhd at whatever cost Hall deemed fit.
In his e-mail, Hall also claimed that Muthusamy had asked around on “How much it would cost to pay off or silence Andy Hall?”.
For context, FocusM has learnt from several sources that there were initially some cordial WhatsApp exchanges between Hall and Muthusamy prior to Hall sending out the said e-mail more widely.
Also, their communication took place at the period of time when ATA IMS was facing a challenging future after losing its major customer Dyson amid allegations of forced labour practice.
Should Hall fail to comply with his client’s demand by 6pm on Feb 28, Sritharan said the law firm has been instructed to pursue “all legal causes of action, including the filing of a lawsuit to protect our client’s interests and for damages”.
Interestingly, the biggest hurdle facing the law firm now is how to track down Hall who is believed to be living in a secluded location. Without having Hall’s current residential or office address would obviously make the quest to effect the legal process difficult.
It remains to be seen if Hall would cooperate by providing a valid address or to evade service which he may do so at his own peril “since there are adequate provisions afforded by the law to effect service on a recalcitrant defendant which we shall utilise to our client’s advantage without the need to play hide and seek”.
Although Hall has remained tight-lipped over the notice of demand and refused to comment on the issues when contacted, FocusM was made to understand a civil suit for defamation must be heard within the territory where it was initiated.
It is also possible the case against London-born Hall – should it be deemed a SLAPP (strategic litigation against public participation) suit against a human rights defender – could place the UK High Commission in Malaysia in a difficult situation vis-à-vis its sensitive relations with Malaysia.
Moreover, the service of notice by Embun Karisma/Muthusamy against Hall came just days after the UK and US ambassadors to Malaysia issued a joint statement in a New Straits Times editorial expressing concern about the endemic forced labour situation in Malaysia and even offer to work alongside Malaysia to remedy the situation.
Is this a misjudged case of shooting the messenger or a sign corporate Malaysia starting its fight back against Hall’s anti-forced labour advocacy? – Feb 16, 2022
