PUTRAJAYA: The Court of Appeal here has dismissed the appeal by Kepala Batas MP Dr Siti Mastura Muhammad against a High Court decision ordering her to pay damages totalling RM825,000 for defaming three DAP leaders by linking them to Communist Party of Malaya leader Chin Peng.
A three-member bench led by Justice Datuk Ahmad Kamal Md Shahid, sitting with Justices Datin Paduka Evrol Mariette Peters and Datuk Seri Latifah Mohd Tahar, dismissed the appeal by Siti Mastura on Friday (April 24) after finding that it was without merit.
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Delivering the unanimous decision, Justice Ahmad Kamal said the appellate court affirmed the entirety of the Penang High Court’s judgment delivered on Dec 4, 2024, including the award of global damages and costs totalling RM825,000.
On Jan 23 last year, Siti Mastura settled the payment of RM830,034.75 in damages and legal costs (including interest) to DAP veteran Tan Sri Lim Kit Siang, party advisor Lim Guan Eng and Seputeh MP Teresa Kok.
Justice Ahmad Kamal, who delivered today’s decision via Zoom, also said the court found no merit in the plaintiff’s cross-appeal.
"The High Court's judgment on liability and its assessment of damages was correct, well-reasoned, and based on a proper evaluation of the facts and the law. Both the appeal and the cross-appeal are dismissed. We make no order as to costs," he said.
On Dec 4, 2024, Penang High Court judge Justice Datuk Quay Chew Soon ordered Siti Mastura to pay RM300,000, RM250,000 and RM200,000 respectively to Kit Siang, Guan Eng and Kok. The judge also ordered her to pay RM25,000 in costs to each of them.
Justice Ahmad Kamal, when reading out his broad judgment, said the court was of the view that Siti Mastura's challenge against the finding of defamation failed.
"The words complained of referred to the plaintiffs and were published to a third party.
"We agree entirely with the High Court's analysis of the natural and ordinary meaning of the impugned words, that the defendant's speech did not merely amount to political criticism. Instead, she made allegations linking the plaintiffs to Chin Peng.
"In the context of Malaysian society, to label a person or imply that they are affiliated with a banned Communist Party, or are enemies of the state or a threat to national security and the Federal Constitution, is undeniably defamatory. Such statements go to the very heart of a person's loyalty, integrity, and reputation," he said.
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According to Justice Ahmad Kamal, the defendant relied on the defence of qualified privilege on the premise that she is a Malaysian politician and, as one speaking during an election campaign, she had a social and moral duty to inform her party about the ideologies and backgrounds of political opponents.
Justice Ahmad Kamal said the court found the defendant's invocation of qualified privilege to be unsustainable as it failed to meet the essential requirements, particularly the element of an honest belief in the truth of the publication.
He said the court found that the defendant did not take appropriate steps to verify the accuracy of the statements before publication, particularly by failing to seek the plaintiffs' side of the story.
"This omission signifies a lack of care and diligence, precluding any honest belief in the publication's truth and nullifying the defence of qualified privilege.
"We are of the view that the defendant cannot rely on qualified privilege as a valid defence, given the reckless failure to verify the truth of the statements.
"We are of the view that the High Court judge had properly evaluated the defences of justification, fair comment and qualified privilege before deciding that the defendant failed to prove any of them," he said. – Bernama
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