KUALA LUMPUR (Nov 8): Former prime minister Tan Sri Muhyiddin Yassin has to pay a total of RM1.35 million in damages for defaming ex-finance minister Lim Guan Eng with his statements concerning tax breaks for Tan Sri Syed Mokhtar Al-Bukhary’s charity foundation Yayasan Albukhary.

Judicial Commissioner Roz Mawar Rozain ruled on Friday that the DAP chairman had proven his case on the balance of probabilities against the Bersatu chief. 

“This has been a case of considerable public importance, involving, as it does, two prominent political figures, and touching on sensitive issues of race and religion in our multicultural society. The evidence has demonstrated clearly that the allegations made by the defendant were not only false, but potentially harmful to our nation’s social fabric,” she said.

She awarded RM1.05 million in total for general damages over the three statements, RM150,000 in aggravated damages, and another RM150,000 in exemplary damages.

The court also ordered a cost of RM50,000, and for Muhyiddin to retract the statements and to not republish them.

In assessing Muhyiddin’s defence, Roz Mawar found that his defence of justification, fair comment and qualified privilege, among others, were unsustainable because his statements were not based on “true factual foundation”. She added that Muhyiddin had the resources at his disposal to verify the facts, but did not do so.

Roz Mawar also said that Muhyiddin had “deliberately” mixed his allegations with “inflammatory references to race and religion” by stressing Yayasan Albukhary’s role in helping Muslims through its charity work.

She found that the timing of Muhyiddin’s comments also “suggests that they were calculated” to deflect attention from his graft charges.

The court also found Lim to be a credible witness, who gave evidence in a “clear, straightforward manner”.

Lim was represented by lawyer Guok Ngek Seong, while lawyer Chetan Jethwani appeared for Muhyiddin. Chetan confirmed that they will be appealing the decision.

Lim is suing Muhyiddin over his comments made in March last year that Lim had allegedly withdrawn tax breaks for the Islamic philanthropic organisation.

The Bagan Member of Parliament claimed that the statements insinuated that he had abused his position and power as the then finance minister by authorising the Inland Revenue Board (IRB) to impose tax and penalties on a charitable organisation, when it should not be taxed.

The statements, he claimed, also implied that he was racist and was intentionally targeting the Islamic organisation.

Meanwhile, speaking to the press following the decision, Lim said he was thankful for the decision. He added that Muhyiddin’s statements were harmful to a multicultural society.

“The judgement read in court clearly states that what Muhyiddin said about me was false and baseless,” Lim said.

In a Facebook post, Muhyiddin said that although he respected the court’s decision, he was disappointed.

He said he has instructed his lawyers to appeal the decision, as he believes his statements were not defamatory, and that the damages awarded were excessive.

Muhyiddin added that he would adhere to the court order to remove the posts from his social media.

Read also:
Court sets Nov 8 for decision on Guan Eng's defamation suit against Muhyiddin over comments on Yayasan Albukhary's tax breaks