PUTRAJAYA: Former health minister Khairy Jamaluddin will get only RM830,000 in defamation damages from preacher Ustaz Abu Syafiq, after a reduction by the Court of Appeal.
The appellate court reduced the RM2.5mil in damages awarded to Khairy on April 18 last year after an appeal by the independent preacher whose full name is Mohd Rasyiq Mohd Alwi.
In the unanimous decision, the appellate panel chaired by Justice Mohamed Zaini Mazlan allowed Mohd Rasyiq’s appeal and reduced the general damages from RM2mil to RM500,000.
The panel however maintained aggravated damages of RM250,000 awarded by the High Court and reduced exemplary damages from RM250,000 to RM80,000.
Other judges on the panel were Justices Ahmad Fairuz Zainol Abidin and Ahmad Shahril Mohd Salleh.
Justice Mohamed Zaini said that damages in defamation cases were intended to compensate, not to provide extraordinary profit.
“General damages in defamation cases are meant to compensate, not to enrich. Although there is no fixed amount for damages in defamation cases, the sum must be proportionate and consistent with current judicial trends.
“The total sum of RM2.5mil in general damages is not consistent with current judicial trends.
“Therefore, we reduce general damages to RM500,000,” he said.
The court agreed with the High Court that the defamatory statements were serious and implied dishonesty, deception and falsification of vaccination records against Khairy, who was the health minister at the material time.
Khairy, 50, won the suit last year, after proving that Mohd Rasyiq, 46, had defamed him on social media four years ago by making several statements regarding the Covid-19 vaccine.
On Jan 25, 2022, Khairy filed the suit against Mohd Rasyiq, alleging defamation through three videos and images uploaded on the Instagram account “Ustaz Abu Syafiq” on Oct 20, 2021, and on Jan 6 and 10, 2022.
The defamatory publications, Khairy said, were meant to say that he had lied and deceived the public by dishonestly claiming to have been vaccinated for Covid-19 and to have received the third booster dose, and that he had faked the information regarding his vaccination and third dose status, and that he has lied and deceived the public in respect of the requirements of third dose for going on umrah.
