Thivy Sued for Libel By Planter and Police Chief

 

Malaya Tribune 9th July 1949

Malaya Tribune 9th July 1947 reported:

1. John Thivy, the Representative of India Government in Malaya had been served with writs for libel by R.S Herring (Manager Dublin Estate, Kulam) and P.S Guoldsbury (OSPC KULIM). R.S Herring is the President of the Malayan Planting Industry Employers Association, Kedah and chairman of the Royal Society of St. George, Penang and Province Wellesley. 

2. Writ was arisen from a pamphlet published in August 1st, 1947, recording of proceeding of a board appointed by six organization to enquire into certain shootings in Kedah in the early part of 1947. Herring had taken writs on the other five men besides Thivy, But they could not be served because could not be found.

3. The pamphlets comprised of 3 parts - The Bedong Incident, The Bukit Sembilan Estate Incident and The Dublin Estate Incident.

4. The writs are concern with the happenings in the April 24th, 1947 which resulted in a clash between police and an assembly of labourers and led to death of one man.

5. Thivy, then the President of Malayan Indian Congress was the Chairman of the board which publish the pamphlet. 

6. Herring's suit against Thivy was filed shortly after the date of publication. Herring then left on recuperation leave to United Kingdom. The writs were served after the return of Herring.

7.  Meanwhile, Thivy had resigned from MIC and become Representative India Government in Malaya.

8. Thivy cannot be sued as he enjoy diplomatic immunity. In the other hand, the representative of a country within the British Commonwealth do not enjoy diplomatic immunity when accredited to other commonwealth countries. 

9. The Penang Supreme Court met to record evidence. Council for Thivy, R.Ramani Federation Legislation Council was seen in the court. He had made certain submission. 

10. The six names appeared in the publication were - Thivy (Malayan Indian Congress), Yap Meow Siew (Pan Malayan Federation of Trade Unions) N. Nathan (All Malayan Rubber Worker Council), G Rao (Malayan Democratic Union), R.G Balan (Malayan Communist Party), Che Kamaruddin bin Yusoff (Malayan Nationalist Party). 

11. Excepting MIC and MNP other organizations listed are defunct or had been declared illegal.