by Ganesh Sahathevan
to disgraced Malaysian lawyer VK Lingam
VK Lingam, who is no longer a lawyer, and who has been found by a Royal Commission to have interfered with the judiciary, became a shareholder of Sun Media Group Sdn Bhd sometime between 1995 and 1996. He sold his stake to Gemtech Sdn Bhd in August 2000.
Lingam's involvement with the then Chief Justice Eusoffe Chin came to light in the mid 90s as a result of the Ayer Molek affair, and continued to be in the news well into the 2000s.
Given that history the matter of Sessions Court judge Saufee Affandi's conviction of former Sun reporter S. Arulldass cannot be divorced from VK Lingam's interference with the judiciary.
As reported:
Judge Saufee Affandi's conviction of Sun reporter S.Arulldas: Arulldas had initially pleaded not guilty, and an investigation into whether Saufee and Arulldas's superiors at Sun Media played any part in changing his plea is required as a matter of urgency
END
TO BE READ WITH
Gemtech Resources Bhd has proposed to acquire a 73.65 per cent equity interest in Sun Media Corp Sdn Bhd comprising 81.01 million shares for RM30 million cash, or 37 sen a share.
Commerce International Merchant Bankers, in an announcement to the Kuala Lumpur Stock Exchange on behalf of Gemtech, said the company had entered into a conditional sale and purchase agreement with the vendors - Tan Sri Tan Chee Yioun, Datuk Tengku Adnan Tengku Mansor, Datuk V Kanagalingam and Tanjung Masyhur Sdn Bhd - to acquire the stake.
Among the salient terms, Gemtech shall pay an amount equivalent to 50 per cent of Sun Media's audited after-tax operating profit for each of the next 10 years after the completion date of the proposed acquisition, provided that the latter's financial year consideration shall not exceed RM30 million.
In the event that the total Sun Media financial year consideration paid by Gemtech to the vendors shall be less than RM30 million at the expiry of the 10 financial years, the balance shall be fully and finally settled by a payment of RM1 to the vendors.
"Gemtech intends to finance the purchase consideration for the proposed acquisition of Sun Media from internally-generated funds and/or bank borrowings."
The purchase price was arrived at after considering the comparative valuation of similar newspaper publishing companies in Malaysia; the prospective business potential and future earnings of Sun Media; and the readership and circulation of The Sun.
It also took into consideration Sun Media's net liabilities of RM58.82 million and the audited loss before exceptional items but after-tax of RM27.06 million as at Dec 31, 1999.
Sun Media's principal activity is the publication of The Sun, which was launched in 1993. It is now No 3 in Peninsular Malaysia in terms of newspaper readership and circulation. It has about 205,000 readers and a circulation of 82,474 copies.
Gemtech intends to become an integrated multimedia content provider and also broaden its scope into publishing and broadcasting locally and overseas, which it believes will provide a higher return to its shareholders in the long run.
Recently, Gemtech announced the proposed acquisition of The Edge Communications Sdn Bhd. The proposed acquisition of Sun Media and The Edge will enable Gemtech to venture into multimedia content as the acquired companies are in the publication and distribution of newspapers.
Gemtech does not intend to acquire the remaining 26.35 per cent stake in Sun Media and will apply to the Securities Commission for a waiver from having to undertake a mandatory general offer. The proposed acquisition is conditional upon the proposed waiver.
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Judge Saufee Affandi's conviction of Sun reporter S.Arulldas: Arulldas had initially pleaded not guilty, and an investigation into whether Saufee and Arulldas's superiors at Sun Media played any part in changing his plea is required as a matter of urgency
by Ganesh Sahathevan
In the matter of Judge Saufee Affandi's conviction of Sun reporter S.Arulldas, readers ought to be aware that Arulldas initially pleaded not guilty and claimed trial. The issue was reported by the NST on 27 March 1998:
A reporter with the Sun daily pleaded not guilty in the Sessions Court in Butterworth today to a charge of defying a court order stopping the media from publishing the alleged victim's identity in a case involving a Sessions Court Judge.
S. Arulldass, 42, claimed trial to the charge of contravening the Subordinate Courts Act, 1948 (Act 1992) before Judge Tarmizi Abdul Rahman.
Later, he was brought before Judge Saufee, who was specifically dispatched from Kuala Lumpur to Penang to hear the matter, and he changed his plea to guilty. However, as explained below, there was no basis for Saufee to accept the plea and enter a conviction.
That he changed his plea while his superiors were not even charged must surely be cause for concern, and is a matter that requires immediate investigation. He does appear to be a victim of a judge playing prosecutor ,and it does seem as if he is entitled to compensation.
TO BE READ WITH
Conviction by Judge Sauufee Affandi of SUN reporter S. Arulldas may well be a case of judge playing prosecutor, in addition to other wrong doing -Arulldas conviction may require erasure, with compensation paid
by Ganesh Sahathevan
As reported previously on this blog, the Judge Affandi managed to find a reporter guilty of contempt by publication of a story in The Sun, despite the reporter not having any authority to publish, and despite the fact that he did not think it necessary to make any finding against the publisher, Sun Media Sdn Bhd, the managing editor Rejal Arbee, and the Editor-In-Chief, Andy Ng (see story below).
-Arulldas conviction needs erasure, with compensation paid
Much is rotten in the 1998 Sessions Crt conviction by Judge Sauufee Affandi of SUN reporter S. Arulldas: Malaysia's judiciary cannot possibly stand by decision to convict reporter for contempt when the offending story was published by SUN Media and its editors , who were not even charged
by Ganesh Sahathevan
As reported yesterday, in 1998 then Sessions Court judge Saufee Affandi was specifically assigned to a contempt matter involving Vincent Tan's Sun Media, but managed to place blame solely on the Sun reporter S.Arulldas while excusing Sun Media, the publisher, and its editors, Rejal Arbee and Andy Ng.How that esteemed jurist managed a finding of guilt given the facts is a matter that requires investigation for the reporter concerned, S.Arulldas could not possibly have published the article on his own. In fact, he could never have published, ever.
As anyone with even a cursory knowledge of how newspapers are published would comprehend, reporters can at best write their stories, but it is the editors who decide if the stories are actually published, their form, and content. A lesser known fact is that even after the editors make their decision, the sub-editors often make their own changes , ostensibly under the supervision of the editors. At The SUN, it was the sub-editors, not the reporters, who decided the headline.
One need not be an esteemed jurist to understand that one can only be held accountable for what one does. Additionally an esteemed jurist such as Saufee would have understood that the doing must be proven beyond a reasonable doubt, and that there must be a clear unbroken chain of facts proven beyond a reasonable doubt between the intention to do wrong and the criminal act.
How then Suafee might have convicted Arulldass must concern anyone in charge of the Malaysian justice system. As it stands this judgement sits on the books, and cannot be said to foster confidence in Malaysian common law.
That Arulldass first claimed trial and then pleaded guilty before Saufee only adds to the stench surrounding this decision. To quote Mr Justice NH Tan in the Ayer Molek decision:
Something is rotten in the State Of Denmark.
It is for the Chief Justice Of Malaysia to have the matter investigated, and all concerned charged as required.
TO BE READ WITH
In 1998 Sessions Crt judge Saufee Affandi was specifically assigned to a contempt matter involving Vincent Tan's Sun Media, and managed to place blame on the Sun reporter while excusing Sun Media and its editor Rejal Arbee; Saufee's conduct in '98 adds context to his legal innovation in favour of Sun Media, Singapore billionaire Peter Lim, Vincent Tan ,their business partners , and others in the matter of Ganesh Sahathevan v Sun Media
by Ganesh Sahathevan
YBhg Datuk Ahmad Rejal ArbeeAs reported earlier on this blog, former Industrial Court Chairman Saufee Affandi managed to turn an Industrial Court claim by this writer against Vincent Tan's Sun Media into a defamation matter where he undertook to prosecute the case for Singapore billionaire Peter Lim and his business partners, despite not having any authority to do so, and despite Lim himself never commencing a claim against Sun Media or this writer.
It has also been reported here how Saufee mismanaged and in essence attempted to discredit evidence against Bursa companies Gamuda Bhd, Litrak Bhd and the EPF which had financed their privatised LITRAK toll road project, which had been discovered by this writer.
A Sun reporter was fined RM 2,500 today when he admitted defying a court order which prohibited the publication of certain information in the case of a sessions judge who allegedly performed oral sex on a man. Sessions judge Saufee Affendi, who had come from Kuala Lumpur to specially hear the case.
A conviction under this sub-section carries a maximum fine of RM 5,000 or jail up to three years or both. Arulldas, who paid the fine, was accompanied by Sun Media Group editor-in-chief Ahmad Rejal Arbee and editor Andy Ng.
Why Vincent Tan's Sun Media and its editors Ahmad Rejal Arbee and Andy Ng who actually published the story were not also charged is mystifying.
Even more mystifying is the fact that Saufee accepted that the crime of contempt had been proven beyond a reasonable doubt against a reporter who had absolutely no power to publish. The contempt, described above involved the publication of facts which were subject to a court order against publication.
TO BE READ WITH
Butterworth, Tues: A Sun reporter was fined RM 2,500 today when he admitted defying a court order which prohibited the publication of certain information in the case of a sessions judge who allegedly performed oral sex on a man . Sessions judge Saufee Affendi, who had come from Kuala Lumpur to specially hear the case, delivered his ruling after a 90-minute mitigation plea by defence counsel R. Rajasingam.
He said the court had taken into account the facts of the case, the counsel's mitigation and the prosecution argument. Saufee said accused S. Arulldas' admission of guilt was the main mitigating factor which carries weight when passing sentence . He stressed the need for the media to maintain close rapport with the court. He warned Arulldas against repeating such a mistake and fined him.
Arulldas had earlier claimed trial and the hearing was fixed for three days from today. He admitted commiting the offence through an article published in the paper on March 25, after the facts of the case were read out to him. Arulldas, 42, was charged with contravening Section 101(2) of the Subordinate Courts Act, 1948 (Act 92), which had been invoked by the prosecution in the case involving Butterworth sessions court judge Rungit Singh.
Rungit had been charged with gross indecency and using criminal force to outrage the modesty of a man whose identity has been withheld by the court. The sub-section reads that "a court may, at any time, order that no person shall publish the name, address or photograph of any witness ... or any evidence or any other thing likely to lead to the identification of the witness."
A conviction under this sub-section carries a maximum fine of RM 5,000 or jail up to three years or both. Arulldas, who paid the fine, was accompanied by Sun Media Group editor-in-chief Ahmad Rejal Arbee and editor Andy Ng.
(c) 1998 Sun Media Group Sdn Bhd.
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BUTTERWORTH, June 16 (Bernama) - A journalist with the 'Sun' newspaper was today fined RM2,500 for defying a court order when reporting on a case involving a judge.
S.Arulldas, 42, who had pleaded not guilty when charged in the Sessions Court here on April 30, changed his plea today and apologised to the court.
He was charged with defying an order issued by the court on March 24 prohibiting the reporting of any evidence or details that might reveal the identity of the alleged victim in the case against judge Rungit Singh.
Rungit is facing three charges of using criminal force to outrage the modesty of a man, and two alternative charges of committing acts of gross indecency by performing oral sex on the man.
In sentencing Arulldas, judge Sauffee Affendi said counsel R. Rajasingam's hour-long mitigation was the longest he had heard in his legal career and the points put forward had been noted.
According to Rajasingam, the court order was stale as the authorities had not issued a similar gag-order before Rungit was charged and earlier reports in 'The Star' and 'New Straits Times' newspapers had already identified the alleged victim.
He also questioned why the prosecution did not apply to the court to amend the alleged victim's name in the charge sheet to "Mr X" or "Mr Y" in view of the fact that the sheet would become a public document after that and anyone could obtain it.
Rajasingam said the court should only issue such orders to avoid interference in the administration of justice and not to avoid anyone from embarrassment.
Deputy Public Prosecutor Ahmad Fairuz Zainol Abidin submitted to the court that the March 24 order was not applicable to media reports before the Rungit case came to court.
Arulldas was charged under Section 101 (2) of the Subordinate Courts Act 1948 which provides for a maximum fine of RM5,000 or three years in jail, or both, upon conviction.
Arulldas, who was accompanied by Sun Media Group editor-in-chief Ahmad Rejal Arbee, paid his fine.
Copyright(C) 1998 BERNAMA The Malaysian National News Agency
PENANG, Thurs. - A reporter with the Sun daily pleaded not guilty in the Sessions Court in Butterworth today to a charge of defying a court order stopping the media from publishing the alleged victim's identity in a case involving a Sessions Court Judge.
S. Arulldass, 42, claimed trial to the charge of contravening the Subordinate Courts Act, 1948 (Act 1992) before Judge Tarmizi Abdul Rahman.
On Tuesday, Sungai Petani Sessions Court Judge Ghazali Cha had made the order when another Sessions Court Judge Rungit Singh a/l Jaswant Singh was charged with using criminal force to outrage the modesty of a person.
In the case, Ghazali had invoked section 101 (2) of the Act, to stop the media, both print and electronic, from publishing the alleged victim's name, address, photograph or any information leading to the identification of the alleged victim.
Arulldass was represented by Jagdeep Singh Deo while DPP Yaacob Md Sam prosecuted.
Jagdeep is also one of six lawyers defending Rungit, who is facing three counts of using criminal force to outrage the modesty of the person and two alternative charges of committing an act of gross indecency with a person by performing oral sex.
The five other lawyers are Karpal Singh, Gurbachan Singh, Christopher Fernando, Ranjit Singh Dhillon and Teja Singh Panesar.
Arulldass, who was accompanied by his wife, Theresa, Sun editor Andy Ng, its regional (northern) editor Ng Kee Seng and several colleagues, was alleged to have used words which could identify the victim in the case.
Arulldass, if found guilty, could face a maximum fine of RM5,000 or three years' imprisonment or both.
Tarmizi fixed the case to be mentioned on April 30 and allowed bail at RM5,000.
Caption: Arulldass ... charged.
SEE ALSO
Industrial Crt chairman Saufee Affandi decided that Singapore billionaire Peter Lim had been defamed-Industrial Court has no jurisdiction to hear defamation matters, and Saufee did not rely on any decision of any competent court that Lim had been defamed
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