KOTA KINABALU: The Sessions Court here yesterday fixed November 6 this year to hear a counterclaim suit by former Sabah 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 trial date for the suit by Harris, who is represented by counsel Yunof Maringking and Trevor Maringking, against James Albanus @ Richard.
On June 5, 2012, Harris, in his statement of defence and counterclaim at the High Court here in response to a suit brought by James Albanus@ Richard, 61, said that the making of Labuan as a Federal Territory on April 16, 1984 was resolved or decided collectively by the Sabah State Cabinet and/or sanctioned by majority members of the Sabah State Legislative Assembly, including an assemblyman for Labuan.
He said that the purpose of the creation of the Labuan Federal Territory was explained by him during a sitting of the Sabah State Legislative Assembly on March 8, 1984 and was not made in an extremely hasty and hurried manner. Harris contended that the statement made by James that was published in the Daily Express on March 8, 2012 under the heading “Harris sued for giving away Labuan 28 years ago” was defamatory.
He said, the said statement bore the meaning and was understood to mean that he had surreptitiously surrendered or transferred the island of Labuan to the Federal Government in an unconstitutional manner for his own personal benefit or financial gains.
Harris said the statement was also understood to mean that he had completely disregarded the economic well-being of the State of Sabah or its people or the people of Labuan in transferring the administration of
Labuan to the Federal Government and that he had personally caused the State of Sabah to suffer financial loss and/or not financially well off today by making Labuan a Federal Territory.
He also said that it could also be understood that he had broken or ignored the State Constitution or Federal Law when allowing Labuan to become a Federal Territory and that he is an untrustworthy political leader of Sabah who had undertaken, unlawfully, the creation of the Federal Territory of Labuan without approval by the State Cabinet and/or the Legislative Assembly or its members.
By reason of the said statement, Harris claimed that he was put into embarrassment, exposed to public hatred, ridiculed and gravely injured in his feelings and reputation and suffered distress and loss and
damage. James was defended by counsel Nurul Rafeeqa Afdul Mutolip.
