Feb 5 ruling on Harris’ countersuit

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KOTA KINABALU: The Sessions Court here yesterday fixed February 5 next year to deliver its ruling on a counterclaim suit by former Chief Minister, Tan Sri Harris Salleh, against a businessman for alleged defamation stemming from the latter’s suit over the surrender of Labuan to the Federal Government in 1984.

Judge Ishak Bakri set the date to deliver his ruling after both Harris and James Albanus @ Richard, 61, had no further witnesses to be called.

The court ordered both the plaintiff and defendant to file their written submissions on or before January 8 next year and reply submissions to be filed two weeks on or before January 22 next year.

The plaintiff had called four witnesses, namely, Tan Sri Datuk Seri Panglima Simon Sipaun, Darshan Singh and Barnabas Taipin @ Benedict and Albanus himself while Harris was the sole defendant witness.

Harris was represented by counsel Yunof Maringking and Trevor Maringking while counsel Nurul Rafeeqa Afdul Mutolip acted for Albanus.

In Harris’ opening speech, he stated that the purpose of this trial was for the court to determine the following;

1) Whether Albanus is liable for defamation against Harris for the publication of a news report entitled “Harris sued for giving away Labuan 28 years ago” in Daily Express?

2) If question one is in the affirmative, whether Albanus is protected by the defence of justification and/or fair comment?

3) If question two is in the negative, what is the quantum of damages Albanus is liable to pay Harris?

Earlier, in Sipaun’s witness statement, he stated that to the best of his recollection, Labuan had become Federal Territory on April 16, 1984. He said that he came to understand that the idea came about during a meeting with Chief Ministers (CMs) and Menteri Besar (MBs) chaired by the then Prime Minister (PM), Tun Dr. Mahathir Mohamad sometime in early 1983.

Sipaun, who is the former State Secretary of the State Government of Sabah, further stated that the CM of Sabah at that time was Harris, who had initiated a number of big projects in Labuan in addition to the existing ones such as the Labuan Shipyard.

He then stated that he was given to understand that during the meeting, the PM commented that since the State Government was embarking on several huge projects in Labuan it might as well hand over Labuan to the Federal Government.

Sipaun said he was unsure if the PM was actually serious or partly joking but Harris immediately agreed and he later told me that even if the Federal Government took over Labuan, the island would remain in the same place but the State Government would be relieved of great financial burden.

He said, after all, the State got very little revenue out of Labuan, mostly from land rents and for Harris, the main argument was one of economic and financial consideration.

Sipaun further said that he had received a verbal instruction from the CM to prepare a cabinet paper to surrender Labuan to the Federal Government about three days before he went back to the Ministry of Finance.

He said his substantive post at that time was Permanent Secretary to the State Minister of Finance. However, he did contact the State Attorney-General, who was Datuk Nicholas Fung at that time, by phone to get his legal opinion verbally first and to be followed by a written one.

Sipaun said when spoke to Fung, he got the impression from his reaction that Fung thought that he (Sipaun) was joking and the next thing he did was to minute the file to the Principal Assistant Secretary/Cabinet who at that time was Datuk Stanislaus Yee Fong Chun.

Sipaun said further about the verbal directive of the CM and indicated that as he was to go back to the Ministry of Finance and did not have the time to prepare the cabinet paper, he left it in his good hands to take the necessary follow up actions.

Sipaun added that shortly he went back to the Ministry of Finance and the only thing he knew after was that Darshan (Singh) had been arrested.

Meanwhile, Darshan stated in his witness statement that it all started in August, 1983, at a Sabah-Sarawak Joint-Consultative Committee meeting at the Labuan Hotel to which he was the Joint-Secretary on Sabah/Sarawak Labour Laws and the extension of the Malaysia Employment Act 1955.

Darshan further stated that in the sideline, Tan Sri Joseph Kurup, who was representing the State Attorney-General’s Chamber, had confided in him seeking his opinion regarding a proposal to cede away Labuan to the Federal Government.

Darshan said he was shocked that such an important decision was hush hushed by the State Government and he also asked several ministers and assemblymen as well as senior civil servants about it but they were unaware of it.

The other witness, Barnabas, said that a friend of his had shared with him that according to intelligence, Labuan would be given to the Federal Government and made into a new Federal Territory.

Barnabas also stated that at that time he was not so mobile with his health problems and communicated mostly through his friend, and got it that their group had agreed to organize activities which were to hold a peaceful protest rally/march, to do slogans and banners to be carried during the rally and to mass produce printed leaflets bearing those slogans.

However, Barnabas said that they had quieted down following the arrest of Darshan under the Internal Security Act for allegedly being anti-Labuan Federalization.