Interim injunction dismissed

The Star 13/8/2004 By V.P. Sujata

Ipoh: Citing the importance of freedom of speech, the High Court here has dismissed an interim injunction to stop a group of people from complaining about a housing scheme under construction.

Justice V.T. Singham said it was not in the public interest to restrain the right of free speech by residents who bring their grievances to the proper authorities through letters, media reports, police reports and demonstrations.

He said complaints of a housing project causing floods, noise, traffic congestion and pollution to nearby areas through police and media reports and demonstrations with banners did not amount to defamation.

"These actions cannot be defamation unless it is tainted with malice and untruth," he said when dismissing with costs the interim injunction filed by Cemerlang Sepakat, a turnkey contractor.

"There is insufficient material to show that the reports in newspapers had injured the plaintiffs.

"The defendants highlighted their plight through the media and police reports with regard to the housing scheme and nothing was directed to the plaintiff," he said.

Justice Singham also said that even if the residents' remarks caused bad publicity for the project and discouraged potential buyers, the action did not bring down the reputation of the plaintiff.

Cemerlang Sepakat had applied for the injunction to stop eight residents from defaming, publishing, printing and discussing the construction of the Taman Silibin Indah housing scheme located near their homes.