PUTRAJAYA: The Kepala Batas MP who defamed three DAP politicians by linking them to Communist Party of Malaya leader Chin Peng has lost her appeal against the defamation suit.
The Court of Appeal dismissed the appeal by Dr Siti Mastura Muhammad against the Penang High Court’s decision, ordering her to pay damages, including costs, totalling RM825,000 for defaming the trio.
The court found there was no merit in the appeal.
Justice Ahmad Kamal Md Shahid, who chaired the panel yesterday, said the appellate court affirmed the entirety of the High Court’s judgment delivered on Dec 4, 2024.
The other two judges on the Bench are Justices Evrol Mariette Peters and Latifah Mohd Tahar.
On Jan 23, 2025, Siti Mastura settled the payment of RM830,034.75 in damages and legal costs (including interest) for DAP veteran Tan Sri Lim Kit Siang, DAP advisor Lim Guan Eng and Seputeh MP Teresa Kok Suh Sim.Justice Ahmad Kamal, who delivered yesterday’s decision via Zoom, also said the court found no merit in the DAP politicians’ cross-appeal.
“The High Court’s judgment on liability and its assessment of damages were correct, well-reasoned, and based on a proper evaluation of the facts and the law,” Justice Ahmad Kamal said, reported Bernama.
On Dec 4, 2024, Penang High Court judge Justice 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 Siti Mastura to pay RM25,000 in costs to each of the three politicians.
Justice Ahmad Kamal said that it was surely defamatory to label a person or imply that they were affiliated with a banned Communist Party or were enemies of the state or a threat to national security and the Federal Constitution.“Such statements go to the very heart of a person’s loyalty, integrity and reputation.”
Justice Ahmad Kamal said Siti Mastura had relied on the defence of qualified privilege on the basis that she was a Malaysian politician who, speaking during a campaign for the Kemaman by-election, 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 that the defendant’s invocation of qualified privilege was not valid, noting that she failed to obtain the perspective of the DAP politicians prior to the publication of her statements.
In their suits filed on Nov 27, 2023, the DAP trio claimed that Siti Mastura had made defamatory claims with ill intent to link them to the Communist Party and its leader Chin Peng.
