The sessions court here has granted Jelutong MP RSN Rayer an interim injunction in a defamation suit against a former Penang Hindu Endowments Board (PHEB) official and the owner of a news portal.
Judge Helmi Ghani allowed Rayer’s application to bar the pair from repeating or publishing the impugned remarks about him and also to restrain them from mocking, threatening or harassing the DAP man until the case is disposed of.
The order applies to former PHEB executive director and CEO M Ramachandran, 60, and R Mahgeshan, 37, over remarks made in Tamil at the Polo Grounds here on Dec 22, 2024 and later posted on the “Veinus Daily News” YouTube channel.
Rayer claimed the speech accused him of misleading the Penang governor, chief minister and state secretary, committing the offence of cheating, failing to explain a RM150,000 forensic audit and being unfit to hold public office.
In his Feb 19 claim, he said the words implied he was dishonest, corrupt and should resign. Rayer also said the speech included calling him “dei”, an impolite term he claims was meant to insult, belittle and demean him before the audience.
He is seeking RM500,000 in damages, public apologies in two newspapers and on YouTube, as well as a permanent injunction.
In his defence, Ramachandran said the gathering was a public meeting to “save” the PHEB and to clear his name after a Malaysian Anti-Corruption Commission (MACC) report lodged by Rayer.
Rayer had lodged a report with the MACC alleging irregularities in the PHEB’s previous management, during which Ramachandran served as executive director, after Rayer was appointed chairman last year.
Ramachandran denied the words were defamatory, disputed Rayer’s Malay translation of the Tamil text, and claimed justification, fair comment and qualified privilege.
Ramachandran also alleged mismanagement under Rayer’s leadership, including an unnecessary forensic audit and failure to hold promised public meetings.
In response to the defence, Rayer said the “Save the PHEB” group was not a registered society and the gathering may have been illegal.
He said there was no need to “save” the PHEB, saying its Golden Chariot procession for Thaipusam went ahead without disruption earlier this year.
Rayer said the MACC report was lodged in his capacity as PHEB chairman and that he was protected by absolute privilege under the law.
He rejected the defence’s claims and alleged the remarks were made in malice to harm his public, personal and political standing.
Judge Helmi then set Sept 12 to firm up pre-trial documentation.
Lawyer K Kumarathiraviam represented Rayer, while Shamsher Singh Thind represented Ramachandran. Mahgeshan was not represented.
