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Malaysian Court of Appeal: Home Minister to pay damages to The Edge over suspension order

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The Malaysian Court of Appeal has ruled on 30 August that “The Edge Communications Sdn Bhd” is entitled to claim for damages over the suspension order of its two publications by the Home Minister.

A bench of three men panel led by Justice Datuk Mohd Zawawi Salleh stated that the decision of the trial judge in ordering the publisher to claim for damages relating to the suspension order of those two publications was correct.

The Star reported that Datuk Mohd Zawawi Salleh said in their ruling, “We have reached our unanimous decision, we think that the respondent (the publisher) has passed the threshold under the law to claim for damages.”

Justice Mohd Zawawi explained that the publisher was entitled to claim for the damages under Order 53 Rule 5 of Rules of Court 2012.

The panel with the members of Justices Abdul Rahman Sebli and Dr Prasad Sandosham Abraham did not make any order as to costs and both parties would now need to refer to the Malaysian High Court for the assessment of damages.

Darryl Goon, The Edge’s lead counsel, said to reporters that the ruling would now allow his client to proceed for assessment of damages before a High Court registrar for a claim of misfeasance in public office and constitutional compensation for infringement of his client’s constitutional rights on freedom of speech and expression.

Malaysian Court blocks Home Ministry’s attempt to suspend “The Edge”

The Home Ministry, in a letter sent on 23 July to the senior managing editor of the company, Ahmad Azam Mohd Aris, said the articles on 1Malaysia Development Bhd by The Edge were detrimental to public order, security and national interest. It went on to state that failure to comply with the suspension order would cause the revocation of the publishing permits of the publications.

And on 21 September last year, the Kuala Lumpur High Court revoked the Home Ministry’s three-month suspension order on The Edge Financial Daily and The Edge Weekly from 27 July last year.

 

High Court judge Datuk Asmabi Mohamad, the judge presiding over the case at that time, ruled that by issuing a suspension order the Home Ministry is acting irrationally and illegally. He awarded RM15,000 in costs to be paid to the publisher.

Following the revoking of the suspension order, Justice Asmabi had refused an application by the Home Minister and Home Ministry secretary-general on 13 October last year for a stay of the September 21 ruling.

Justice Asmabi judged that the minister’s decision to impose the suspension had violated natural justice and was over the powers of Section 7(1) of the Printing Presses and Publications Act because no particulars of the suspension were given to The Edge in the show-cause letter dated 29 June 2015.

She said, “The ban also did not comply with procedural fairness.”

She added that the Home Minister did not ascertain whether the source for The Edge’s reports on 1MDB was based on information obtained from social media, especially Sarawak Report.

 

Senior Federal Counsel Alice Loke Yee Ching argued that the Home Minister was well within his discretion and power under Section 6(2) of the Printing Presses and Publications Act in issuing the suspension order.

There was no evidence of malice or fraudulent intention on the part of the minister to injure the publisher, the SFC Loke said.

SFC Loke also said that the Malaysian courts have no jurisdiction to award on constitutional damages.

Goon argued that in issuing the suspension order without making inquiries whether the publisher has breached Section 7 of the Printing Presses and Publications Act, the minister had acted with careless concern.

“It is obvious that the suspension would cause losses and damages as both publications are sold to the public for money,” he presented.

 

 

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International

Iran fires 180 missiles at Israel in response to escalating tensions

Iran fired 180 missiles at Israel on Tuesday (1 Oct), claiming it was retaliation for Israeli airstrikes and assassinations of key figures in Gaza, Lebanon, and Tehran. Most missiles were intercepted, but Israel vowed retaliation. The United States condemned the attack as a “significant escalation,” heightening concerns of a broader conflict.

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Iran launched a large-scale missile attack against Israel on Tuesday (1 Oct), escalating tensions in the already volatile region.

According to the Israel Defense Forces (IDF), around 180 projectiles were fired at Israel, prompting a coordinated missile defence effort with the United States.

Israel’s military spokesman, Rear Admiral Daniel Hagari, confirmed that the nation’s air defences successfully intercepted the majority of the Iranian missiles.

However, some projectiles reached central and southern Israel, causing minor injuries to two civilians.

In the West Bank, Palestinian officials reported the death of a Palestinian man near Jericho after being struck by a missile, though it remains unclear which side was responsible for that particular strike.

The Iranian Revolutionary Guard Corps (IRGC) confirmed the strike, stating that it targeted “vital military and security installations.”

Iran claimed that Tuesday’s missile strikes were in retaliation for the recent deaths of key figures from Hezbollah, Hamas, and the Iranian military.

It specifically referenced Hezbollah leader Hassan Nasrallah and Revolutionary Guard General Abbas Nilforushan, both of whom were killed in an Israeli airstrike last week in Beirut.

The operation also cited the assassination of Hamas leader Ismail Haniyeh, who was reportedly killed in Tehran in a suspected Israeli attack in July.

In response to the missile strikes, Israel’s Prime Minister Benjamin Netanyahu warned that Iran had made a “big mistake” and would face severe consequences for the attack.

“Iran made a big mistake tonight—and it will pay for it,” Netanyahu said.

“The regime in Iran does not understand our determination to defend ourselves and retaliate against our enemies.”

His remarks strongly signaled that Israeli retaliation was imminent, increasing concerns about a potential spiral into a broader regional war.

Iran defended its actions, with President Masoud Pezeshkian posting on social media that the missile strikes were a defensive response to Israeli provocations.

“Let Netanyahu know that Iran is not a belligerent, but it stands firmly against any threat. This is only a corner of our power,” Pezeshkian stated, warning Israel not to enter into further conflict with Iran.

On the international front, US National Security Advisor Jake Sullivan characterized Iran’s attack as a significant escalation, but noted that it had been effectively neutralized by Israel’s missile defense systems.

“At this point this attack appears to have been defeated and ineffective,” Sullivan remarked, though he acknowledged the seriousness of the situation.

US President Joe Biden reiterated the United States’ support for Israel, but stressed that his administration was in close consultation with Israeli officials to determine an appropriate response.

“We’re going to get all the data straight,” Biden said.

“We’re in constant contact with the Israeli government and our counterparts, and that remains to be seen.”

Iran’s mission to the United Nations issued a statement on Wednesday (2 Oct) defending its missile operation as a “legal, rational, and legitimate response” to Israel’s actions.

In a post on X (formerly Twitter), the mission warned that any retaliatory actions by Israel would trigger a more severe Iranian response.

“Should the Zionist regime dare to respond or commit further acts of malevolence, a subsequent and crushing response will ensue,” the mission stated.

The message also advised other regional actors and supporters of Israel to distance themselves from the Israeli government.

Military bases in Tel Aviv, targeted in the strike, have sustained structural damage, according to the IRGC. However, these claims have not been independently verified.

Videos on X (formerly Twitter) show missiles intercepted and hitting ground targets, contrary to Israel’s claim of no damage done.

International reactions have also begun to emerge. United Nations Secretary-General Antonio Guterres expressed deep concern over the continued escalation, calling for an immediate ceasefire. In a message posted on X (formerly Twitter), Guterres stated, “This broadening of the Middle East conflict must stop.”

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World leaders urge Israel to halt Lebanon offensive amid escalating conflict

On 1 October 2024, Israel launched airstrikes on southern Lebanon, killing at least 95 people and injuring 172. The attacks, aimed at Hezbollah’s military infrastructure, have sparked international concern. World leaders, including US President Joe Biden, are calling for a ceasefire, warning that further escalation could lead to a regional catastrophe.

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Israel launched a series of airstrikes and artillery bombardments on southern Lebanon, resulting in the deaths of at least 95 people and injuries to 172 others.

The attacks, which began early on Tuesday (1 Oct), are part of Israel’s ongoing conflict with Hezbollah, the Iranian-backed militant group that operates in Lebanon.

The strikes were aimed at Hezbollah’s military infrastructure in the region and marked a significant escalation in the hostilities between Israel and the group.

According to the Israel Defense Forces (IDF), the military operation is “limited, localized, and targeted.”

The goal of the operation, according to IDF statements, is to protect Israeli citizens, particularly those residing in northern Israel, and to facilitate the return of displaced residents to their homes.

This development comes amid a growing concern in the international community over the potential for a broader regional conflict, with multiple world leaders calling for a ceasefire and urging Israel to refrain from launching a ground invasion into Lebanon.

US President Joe Biden called on Israel to avoid a ground campaign in southern Lebanon during a press event at the White House on Monday (30 Sept).

Biden, while stressing the need for an immediate ceasefire, did not elaborate on any specific US actions or plans to halt the conflict.

In response to a reporter’s question, Biden expressed his awareness of the situation, stating, “I am more aware than you might know, and I am comfortable with them stopping.”

Belgium’s Minister of Foreign Affairs, Hadja Lahbib, also expressed deep concern over the violence, particularly the loss of civilian lives.

Lahbib emphasized the importance of respecting international law, suggesting that the current crises in both Gaza and Lebanon are intertwined.

She warned that a failure to address these issues could lead to a dangerous regional escalation.

The UK’s Secretary of State for Foreign, David Lammy, added his voice to the growing international calls for a ceasefire.

Following discussions with US Secretary of State Antony Blinken, Lammy reiterated the need for a political solution to the crisis.

He stressed the importance of implementing a plan that would allow displaced Israeli and Lebanese civilians to return to their homes.

European Union Foreign Policy Chief Josep Borrell underscored the need to avoid further military intervention in Lebanon, cautioning that any such actions could dramatically worsen the situation.

“Any further military intervention would dramatically aggravate the situation, and it has to be avoided.”

Indian Prime Minister Narendra Modi also weighed in, urging Israeli Prime Minister Benjamin Netanyahu to prevent any regional escalation.

Modi highlighted the importance of ensuring the safe release of hostages and expressed India’s commitment to supporting efforts to restore peace and stability.

UN experts warn of regional catastrophe amid escalating Israel-Lebanon conflict

UN experts warned on Monday (30 Sept) that the escalating conflict between Israel and Lebanon could lead to a regional humanitarian and geopolitical catastrophe.

The experts expressed deep concern over the intensifying violence, with Hezbollah launching missiles indiscriminately and Israel responding with large-scale airstrikes across Lebanon.

This surge in violence is exacerbating instability and civilian suffering, particularly in Lebanon and Palestine.

The experts condemned Israel’s use of destructive force in Lebanon, similar to its actions in Gaza.

They criticised Israel for justifying attacks on civilians by claiming Hezbollah fighters hide among them, using civilians as human shields.

The experts argued that the airstrikes in densely populated areas, where residential buildings are being destroyed with little warning, violate international humanitarian law and could amount to domicide, or the mass destruction of homes.

They also highlighted the ongoing violence against Palestinians, calling it a genocidal campaign.

Referring to a recent explosion of booby-trapped electronic devices in Lebanon that caused widespread casualties, the experts condemned those who praised such tactics, calling them criminal.

The experts further warned that double standards in condemning terror while granting impunity threaten the global democratic order.

They stressed the need to address fundamental issues fueling the violence, including the illegal occupation of Palestine, arms supplies to non-state actors, and extrajudicial killings.

The experts called for an immediate cessation of hostilities and urged the UN Security Council to take swift action.

They emphasised the need to protect civilians, investigate crimes, and strengthen the UN’s presence in the region to prevent further escalation.

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