PRESS Release 23NCVC-36-05/2015 AND 23NCVC-68-09/2015.- TAN SRI ONG TEE KEAT VS TAN SRI DATUK ROBERT PHANG MIOW SIN.

Reference is made to Tan Sri Ong Tee Keat’s suit against me for defamation, which was head in the mediation by High Court Judge, His Honorable Y.A. Tuan S. Nantha Balan on the 11th of January 2016.

At the end of the meditation, it was concluded that Tan Sri Ong Tee Keat has to withdraw his suit against me, that he will not be able to file afresh against me again. The court also ruled that there was NO ORDER TO COST OR APOLOGY required from me to Tan Sri Ong Tee Keat.

I attach herewith, the court judgement duly written by His Honorable Y.A. Tuan S. Nantha Balan in his own handwriting for your kind attention. As this case is of public interest, I forward the attachment for your perusal.

Thank you and God Bless.

Tan Sri Datuk Robert Phang Miow Sin.
Justice of the Peace.

Court strikes out ex-minister’s suit due to non-compliance of rules

The High Court today struck out a RM12 million defamation suit by former transport minister Tan Sri Ong Tee Keat against Social Care Foundation chairman Tan Sri Robert Phang Miow Sin on grounds his court papers were not in order.

Lawyer S.N. Nair, who represented Phang, said judge Rosnaini Saub dismissed the suit on technical grounds. "The plaintiff (Ong) did not comply with the Rules of the High Court," he told The Malaysian Insider.

The ruling was delivered in chambers on May 14 and the judge ordered each party to bear their owns costs. On December 2 last year, Ong filed the suit, claiming Phang maliciously injured his reputation repeatedly in the local Chinese media.

The former MCA president said he decided to go to court after Phang refused to retract his press statements and apologise for his defamatory remarks.

The former Pandan MP said he is still a renowned Chinese language creative writer with numerous accolades and was well known in Malaysia and overseas.

In his statement of claim, Ong said Phang's defamatory remarks in their natural and ordinary meanings gave the impression that he was an ungrateful and heartless man.

Ong said the statements carried in the media also meant that he had deserted his supporters and that he lacked principle. Furthermore, he said, Phang's statements painted a picture that he was hated by many people.

 In October 2008, Ong was elected MCA president while Tan Sri Dr Chua Soi Lek was elected deputy president and this set off a tumultuous partnership between the two. He remained in the post until he was ousted by Dr Chua in March 2010.

Ong then attempted to make a comeback last year when he contested in the three-man presidential race, which was won by Datuk Seri Liow Tiong Lai, who is now transport minister.

 He came last, obtaining a paltry 160 votes. Liow obtained 1,186 votes while another contender, former vice-president Gan Ping Sieu, received 1,000 votes. – May 19, 2015.



Source : http://www.themalaysianinsider.com/malaysia/article/court-strikes-out-ex-ministers-suit-due-to-non-compliance-of-rules

Court strikes out ex-minister’s RM12mil defamation suit

KUALA LUMPUR: A High Court struck out the RM12mil defamation suit filed by former transport minister Tan Sri Ong Tee Keat against his former ally Social Care Foundation chairman Tan Sri Robert Phang Miow Sin. 

According to Phang’s lead counsel S.N Nair, the court struck out the suit last Thursday due to non-compliance of case management directives. 

However, Ong’s lawyer Tan Foong Luen claimed that the judge has given liberty for them to file the suit afresh. 

Tan said there was no order as to costs. 

“I had refiled the same claim on Monday.

"We have also written a letter to Nair to ask them whether they have instructions from Phang to accept the service for the new claim,” he said when contacted on Tuesday. 

As such, he said they have yet to serve the claim to Nair. 

Tan also said that the case management of the suit was now fixed before a deputy registrar on June 15. 

Ong had filed his defamation suit in December last year. 

He said in his statement of claim that Phang, 76, had on numerous instances, falsely and maliciously caused the publication of defamatory remarks concerning him in the Chinese press on June 24, 2013. 

Ong, 59, said the publication of 14 defamatory remarks implied that he was “a hypocrite, ingratitude, heartless man". 

He said the words had meant that he had been betrayed, shunned and deserted by supporters. 

Ong is seeking RM8mil in general damages, RM4mil in aggravated damages as well exemplary damages, interest and costs.

Source : http://www.thestar.com.my/News/Nation/2015/05/19/Court-defamation-suit/

Ong Tee Kiat v Tan Sri Robert Phang

"On 3rd December 2014, Ong Tee Keat filed a defamation suit against me. The matter came for Case Management on 14th May 2015. I was informed by my solicitors that the Court had struck out the suit apparently for non-compliance of the rules. As far as I am concerned, there is no defamation."

Thank you.

Tan Sri Datuk Robert Phang Miow Sin

Justise Of the Peace 

Chairman - Social Care Foundation 

Robert Phang to file RM50 million suit against Ong Tee Keat

Social Care Foundation chairman Tan Sri Robert Phang Miow Sin has sent a notice to Tan Sri Ong Tee Keat to withdraw a defamatory Facebook posting within seven days, or face a RM50 million defamation suit.

This comes a week after the former MCA president filed a RM12 million defamation suit against Phang. In his letter of demand, which was served to Ong and his lawyer's office yesterday through legal firm SN Nair & Partners, Phang said Ong defamed him in June this year through a Facebook posting regarding the latter's absence from Phang's birthday party.

Phang contended that the article, in Chinese, had defamed him, implying that he was unreasonable, immature and unprincipled. It also gave the impression that Phang was not a God-fearing Christian, is of barmy and unsound mind, had a habit of belittling others and losing his temper over trivial matters.

Stressing that the posting was false and uncalled for, Phang said it exposed him to public scorn and hatred, and distorted his public image. Additionally, it has caused him considerable distress and embarrassment.

 He wanted Ong to immediately retract and remove the posting and publish an apology in the newspapers. He also sought an undertaking from Ong not to repeat the same allegations.

Ong has seven days, from yesterday, to reply, failing which he will initiate the suit. Early this month, Ong filed a RM12 million defamation suit against Phang for maliciously injuring his reputation repeatedly in the local Chinese media.

Ong said he decided to go to court after Phang refused to retract his press statements, which contained defamatory remarks, and tender an apology. Ong, who filed the suit at the Kuala Lumpur High Court on December 2, is claiming RM8 million in general damages and another RM4 million in aggravated damages. – December 10, 2014.



Source : http://www.themalaysianinsider.com/malaysia/article/robert-phang-to-file-rm50-million-suit-against-ong-tee-keat#sthash.hSNIqlAu.dpuf

Chinese Newspapers Article - 04-12-2014

PRESS STATEMENT

Lawyer Suit

我接到了翁诗杰的律师信，这意味着，事情还未了结。 回顾他于7月3日的贴文文末写道：〝我特藉此贴文向他彭老寄语如下：您对，您对，您对对对，您全对。〞我还把它当道歉，如今接到律师信，我也指示我的律师回应，表明我将站稳立场。 事情的真相始终会水落石出，所谓：真的假不了，假的真不了。我只是想说，我们大家都有重要事情要忙，真理就交给大众、读者和网友们去评断吧！

Nanyang Siang Pau (22-08-2014)

China Press (05-08-2014)

PRESS STATEMENT

" I have instructed my lawyers, S.N.Nair & Partners to issue and serve a letter of demand (LOD) on Chan Tse Yuen in respect of a defamatory article against me which was published by him in his blog (Blog of Chan Tse Yuen) on 25.6.2014. S.N.Nair has confirmed that the LOD has been served. "

翁詩杰，摸摸你的良心！请還原真相！

對於翁詩杰，我心中無愧，一直以來，我都毫無條件的支持他，從他第一次参選总会长至去年杪的馬華黨選，即使在他形勢最弱時，我依然還在他身邊。
2010年的馬華的特大，我以实际行动，登全版的报纸，星洲, 中国报，南洋，呼吁所有的中央代表投他一票，我还以“好苹果，坏苹果”来比喻他和当时的蔡细历。
虽然当时我对他的認識不深，但已是毫无条件的支持他，因为我很欣赏他敢怒敢言的作风。一路以来，不论大選，黨選，还是改選，我对他的支持没有改变过。我的不離不棄是因為我一直欣賞他是“有原則的人”，只是，夀宴的事件讓我很心寒。雖然之前也有很多人提醒我，翁詩杰是個無情無義的偽君子，只是我並沒有相信，但现在我信了。
翁詩杰和我的这场小风波让不少的网友误解我，说我小气，甚至有人用过激的言语，批评我，辱骂我，我能理解，是因为他们不明白真相，我把这件事情讲出来，只是想提醒大家，不要再被蒙蔽，不要再有人像我一样傻傻地上当，你把他当真心朋友，他却视你如粪土。
一些網友以為我得不到好處，才對他展開攻擊。親愛的網友们，爲何不去问问翁詩杰我到底有没有从他那里拿到一分钱的好处。我相信我是一個合理的人，不會無理攻擊任何人，即使他在擔任總會長和部長如日中天時，我並沒有在他身邊兜轉尋求利益，反而是在他備受蔡派圍攻時，我才出現在他身邊。
在去年杪的馬華黨選，雖然他當時最不受看好，我依然不離不棄，他也撥了多通電話，邀我出席他的造勢記者會，我也出席了。
在这里我想说的是，若翁詩杰是真君子，把我当作真心朋友的话，在得知我对他有不满，有误解的时候，是不是应该第一时间致电给我，询问详情，把事情解释清楚？
这是做人最基本的处世之道，他饱读诗书，不应该不明白其中的道理，可是我们来看看我们的“真君子”都做了些什么，公开一封我从来没有收到的短信，而且还泄露了我的電話號碼，侵犯我的隱私，為我製造不必要的麻煩，同时他还用宗教來攻击我，说我会面对基督的审判，这是非常荒謬的，更是无耻的行为，此事只是個人交情問題，跟宗教何關，不應該什麼事都牽扯到個人宗教信仰，用来转移话题。
翁詩杰在面子书上，保留的都是区区那几个支持他的评论，那些质疑他，批评他的评论全部都被他删除了。
我要強調的是，邏輯上，如果我有收到他的短信，我没有理由这样无理取闹，惹事生非。更何況，我們在5月28日通電話時，如果他無法出席的話，應該早就通知一声，這樣一來，我就不會在30日再撥電向他確認是否出席我夀宴。
也有网友安慰我说，既然知道了他的爲人，就不必再和他计较，不必再理会他！真的很谢谢这样的网友，的确，我现在清楚了他的为人，而且，经过这一次我也很庆幸我看清了他的真面目，真是謝天謝地!
至于我和翁詩杰到底是谁亏欠谁，想必翁詩杰的心中有数，多说无益，我要以此文作一個總結，讓事實説話，但求無愧於心。

我非小氣，為正氣揭真相

我非小氣，為正氣揭真相

自從我發佈了批評丹斯里翁詩杰無情無義的聲明後，不知情者以為我小氣，但我自認是憑借一股正氣揭穿虛偽的真面目，與小氣無關。

我也明白此事多少會對我的聲譽構成一些負面的影響，但我毅然這樣做，是希望以長輩的身份，讓他反省做人的道理，這也是我一路來的作風。

翁詩杰眾叛親離之後，我依然毫無條件的在他身邊支持他，在去年杪的黨選，他競選總會長時，我也一直陪同和支持他，包括協助他拜票。

我的不離不棄是因為我一直欣賞他是有原則的人，只是，夀宴的事件讓我看清他的為人，他不聞不問的態度令我大跌眼鏡。

很多人都知道，我公認對他好，但最終卻是熱險去貼冷屁股。

雖然之前也有很多人提醒我，翁詩杰是無情無義的偽君子，只是我並沒有相信，我欣慰在我75歲的夀宴讓我看清他的真面目。

針對網民詢問我曾经捐献过200万给翁诗杰所控制的基金会，购买救护车及义诊基金的事，我慎重聲明，我從沒有捐過這筆錢。

“真的假不了，假的真不了!”我 不懂這項消息來自何方，網民要了解實情，大可向翁詩杰查証。

我也認為翁詩杰不應該把我的電話號碼公開，侵犯我的隱私，為我製造不必要的麻煩。

他把宗教扯進來也是非常荒謬的，此事只是個人交情問題，跟宗教何關，不應該什麼事都牽扯到個人宗教信仰，變成一個課題。

針對翁詩杰說他在5月29日有發短訊恭賀我和說明無法出席夀宴的原因，我要說明，我確實沒有收到短訊，認識我的人都知道我絕不無中生有，也沒必要無理取鬧。

我重視兩人的友情，才兩次撥電給他邀請出席夀宴，最後一次是生日前一天即5月30日撥出，他當時說他正在做物理治療，過後才回電，但一直都沒有下文。

他說他出國會帶給我賀禮，從他受封後至新聞見報，他都不曾撥電來，更勿論送賀禮。

解鈴人還是繫鈴人，如果翁詩杰能夠出示他出國的証明，我就非常感恩他的說明。

我會繼續為他禱告!