So the Tengku Temenggong of Kelantan, Tengku Muhammad Fakhry Sultan Ismail Petra has won his defamation suit against his estranged Indonesian teenage model wife, Manohara Odelia Pinot and her mother, Daisy Fajarina at a uncontested court hearing previously. Now the Kuala Lumpur High Court has made the award for damages. But there is one problem. Manohara Odelia Pinot and Daisy Fajarina are in Indonesia, out of jurisdiction of Malaysia. However, Tengku Muhammad Fakhry Sultan Ismail Petra is determined to go to Indonesia next week, as it were, to enter the lion’s den to get the lion.
The Kuala Lumpur High court awarded Tengku Muhammad Fakhry Sultan Ismail Petra RM6 million ($1.8 million) in damages against Manohara Odelia Pinot and Daisy Fajarina. The award was made by Senior Assistant Registrar Noordura Mohamed Din in chambers.
How did Noordura Mohamed Din come to this figure? Mohd Haaziq Pillay, counsel for Tengku Muhammad Fakhry Sultan Ismail Petra said that Noordura Mohamed Din awarded RM2 million for aggravated damages, RM2 million for exemplary damages, RM2 million for compensatory damages and interest at 8% p.a. from the date of the filing of the defamation suit till settlement date. No order was made regarding costs.
Commenting on the award of damages, Mohd Haaziq Pillay said: “The court had acknowledged that it is very serious slander against the plaintiff.” Mohd Haaziq Pillay added that the court took into consideration the high standing of Tengku Muhammad Fakhry Sultan Ismail Petra in society and the seriousness of the allegations made by Manohara Odelia Pinot and Daisy Fajarina against him.
But how much of a victory is this damage award to Tengku Muhammad Fakhry Sultan Ismail Petra? Seen in the light of the original amount of damages sought by Tengku Muhammad Fakhry Sultan Ismail Petra, the RM6 million awarded to him represents 5.7% of the RM105 million ($32 million) that he wanted.
Tengku Muhammad Fakhry Sultan Ismail Petra originally sought RM35 million in aggravated damages, RM35 million for exemplary damages, RM35 million for compensatory damages as well as costs, interest and other relief deemed fit by the court.
Since Manohara Odelia Pinot and Daisy Fajarina refused to defend themselves in court either in person or through counsel, it is no surprise that default judgment was entered against them. Mohd Haaziq Pillay said: “She did nothing, nothing at all to defend herself at court even though the court seriously gave her the opportunity to present her defense. She didn’t seem to bother about the trial at all.”
But now that Manohara Odelia Pinot and Daisy Fajarina are out of jurisdiction, and they have refused to return to Malaysia or to recognize the court ruling against them, what can Tengku Muhammad Fakhry Sultan Ismail Petra do to collect the RM6 million?
Mohd Haaziq Pillay explains: “She said she didn’t want to come to Malaysia because she’s afraid of her safety and whatever verdict the Malaysian Court delivers can’t be applied in Indonesia, so we are coming to Indonesia to pursue the case with Indonesian Police.”
Mahd Haaziq Pillay added: “They can ignore the order, but the plaintiff has a right to go to Indonesia to initiate proceedings against them.”
So next week Tengku Muhammad Fakhry Sultan Ismail Petra is going to Indonesia, first to lodge a police report against Manohara Odelia Pinot and Daisy Fajarina, and secondly, to initiate a fresh civil action suit against both of them.
Mohd Haaziq Pillay elaborates: “We have no choice. The other step is to go into the lion’s den to get the lion. We will go into the lion’s den to take on the lion. It is only a matter of time. The plaintiff had decided to initiate punitive action in Indonesia after clearing his name.”
Tengku Muhammad Fakhry Sultan Ismail Petra married Manohara Odelia Pinot on August 26, 2008 soon after her 16th birthday. Nine months into the marriage, Manohara Odelia Pinot made a dramatic escape while visiting her sick father-in-law in a hospital in Singapore.
On her return to Indonesia, Manohara Odelia Pinot accused Tengku Muhammad Fakhry Sultan Ismail Petra of abusing her sexually and physically. She also said that she was kept as a prisoner by her husband who treated her as a sex slave. Daisy Fajarina also joined in making the accusations.
On July 20, 2009 Tengku Muhammad Fakhry Sultan Ismail Petra filed a defamation suit against Manohara Odelia Pinot and Daisy Fajarina for defamatory remarks made at news conferences between April and June 2009. On November 5, 2009 the court gave Manohara Odelia Pinot and Daisy Fajarina until November 5, 2009 to appoint new counsel to replace their previous counsel who discharged himself, or risk a judgment in default. And indeed default judgment was entered against both Manohara Odelia Pinot and Daisy Fajarina on November 5, 2009 when they failed to appoint new counsel. On January 14, 2010 Tengku Muhammad Fakhry Sultan Ismail Petra testified in court to determine the quantum of damages to be awarded to him.
But this civil case is not the only legal problem for Manohara Odelia Pinot. Tengku Muhammad Fakhry Sultan Ismail Petra had also filed 2 summonses at the Syariah Court to demand that Manohara Odelia Pinot be loyal to him and return to him, and he also sought the return of RM1,112,250 that he claimed was loaned to Manohara Odelia Pinot before and after the wedding.
On December 13, 2009 the Kelantan Syariah High Court ordered Manohara Odelia Pinot to be loyal and pay back the money to her husband. Manohara Odelia Pinot has ignored this judgment.
Given all these legal developments, does Tengku Muhammad Fakhry Sultan Ismail Petra still love Manohara Odelia Pinot? Mohd Haaziq Pillay said: “Yes, of course he still loves her. He even went to Syariah Court and asked her to return. He wouldn’t have done that if he didn’t love her.” But Manohara Odelia Pinot has already make up her mind. She is not returning to Tengku Muhammad Fakhry Sultan Ismail Petra.
Think about it. Why did this marriage fail? What made Tengku Muhammad Fakhry Sultan Ismail Petra value his reputation and local standing at RM105 million? And why did the court award such a vastly reduced amount of Rm6 million in damages to him? Can he still claim to love Manohara Odelia Pinot when he is intent on going into the lion’s den to get the lion?
Previous posts
Tengku Fakhry To Sue Manohara Odelia Pinot In Indonesia
Manohara To Fakhry: “I’m Not Sorry But Goodbye”
Malaysia High Court Ruled Manohara And Mother Defamed Husband
Manohara To Ignore Syariah Court Order To Be Loyal To Husband
Malaysia – Syariah Court To Manohara: “Be Loyal”
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