In Selangor, legitimate questions become defamation

Lawyer’s letters become weapons of censorship

Yesterday, Greens Party provisional secretary Abdul Razak Ismail received a very surprising letter of demand from Selva Mookiah & Associates, a lawyer purporting to represent the Malaysian Resources Corporation Berhad (MRCB). In the letter Selva Mookiah & Associates alleged Razak defamed the client and demanded an unspecified amount in damages from Razak, to ward off legal action (see letter below).

This is unusual, because in the instances claimed as defamation, the passages mostly referred to the actions of the Selangor State Government, MBI, and the Menteri Besar Amirudin Shari. All the instances of alleged defamation mentioned Selva Mookiah & Associates relate to legitimate questions asked by Razak pertaining to the Shah Alam Stadium refurbishing tender, which turned out to be a full commercial development.

The questions Razak has been asking were, as agreed by Selva Mookiah & Associates:

1.      How did a tender for refurbishing the Shah Alam Stadium become a full development project of a sports and commercial precinct?

2.      How was the developer of this project actually selected?

3.      What is the precise agreement to the developer, in terms of consideration?

4.      Why didn’t the Selangor State Government follow the recommendations of the JKR?

In addition, Razak called on prime minister Anwar Ibrahim to intervene in the project. How is this defaming MRCB, as Selva Mookiah & Associates are claiming?

Selva Mookiah & Associates are claiming the phrase “in allegations of abuse of power, conflict of interest, good governance, and lack of transparency” defamed MRCB. However, these words referred to the Selangor State Government.

The claims MRCB has mad are inferred to refer to MRCB, by their imagination. Razak has been querying actions taken by the state government. The question here has MRCB become and agent for the state government in their claims against Razak? Is this some sort of political favour to eliminate public criticism?

The actual deal needs public explanation given the MRCB lawyer letter

The letter from Selva Mookian & Associates is essentially a threat. The letter claims the client (MRCB) will refrain from taking legal action, if Razak agrees to pay MRCB a sum as yet undisclosed as damages. This sum will be to the satisfaction of MRCB.

The remedy is very simple. The Selangor state government through the MB Amirudin Shari provides total transparency and explains all the precise details of the deal. This is important to the people of Selangor, if state (public) land is involved.

MRCB as a good corporate citizen could also provide details of what has been agreed, as it is in the public interest. It would be much better for MRCB to practise transparency, rather than intimidation of people asking legitimate questions of the state government.

This now raises many more questions about MRCB. The matter was between Razak and the Selangor State Government. MRCB has jumped in with a legal letter seeking silence and withdraw of the legitimate questions being asked. Is MRCB acting as an arm of the Selangor State Government? Is their employment of Selva Mookiah & Associates an attempt to silence all questions on the project? Why does MRCB actually feel they have been defamed?

This appears to be a mischievous attempt to stop debate on a public project through intimidating the whistle-blower. This in itself indicates some lapse in good governance. The Selangor State Government should have never allowed the level of transparency to be so low on the Shah Alam Stadium project.

If MRCB is as ethical as they make out, then the management of the corporation should ensure that the company is not only totally ethical, but be seen to be ethical. Stooping to extortion letters to intimidate those who ask questions is a low tactic for such a big corporation.

This is not good corporate public relations. This is not good Madani governance.

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