ALOR SETAR (Aug 24): The High Court on Sunday found Home Minister Datuk Seri Saifuddin Nasution Ismail to have defamed Kedah Menteri Besar Datuk Seri Muhammad Sanusi Md Nor, ordering the federal minister to pay RM600,000 in damages.
Judge Dr John Lee @ Dr Mohd Johan Lee Abdullah also ordered Saifuddin to publish apologies in a Malay and English newspaper within 14 days of the order.
Mohd Johan said Saifuddin was found to have defamed Sanusi at a Program Jelajah Madani talk while campaigning in Kedah during the state election, where he alleged that the Kedah MB was linked to the theft of rare earth elements and had been fined RM500,000. Saifuddin further alleged that Sanusi had misused a RM1.6 billion fund allocation for the maintenance of roads meant for the state’s development.
“The word ‘thief’ used by the minister had imparted a criminal impact to the statement and refer to the ongoing police operation with the arrest of the rare earth elements, and the impact of Saifuddin’s claim over the use of the road funds imply violation of financial governance,” the judge said.
Besides this, Mohd Johan granted an injunction order barring the publication of said remarks, and Saifuddin from repeating them. The minister was also ordered to pay RM70,000 in costs.
Sanusi was represented by counsel Yusfarizal Yussoff, along with Mohd Faizi Che Abu and Wan Rohimi Wan Daud while Navpreet Singh appeared for Saifuddin.
Yusfarizal and Navpreet, when contacted separately by The Edge, confirmed Sunday’s outcome and decision by Mohd Johan.
Saifuddin to challenge decision
Saifuddin, in an immediate response, said he has instructed his solicitors to file a notice of appeal and a stay over the court’s decision.
"After reviewing the judgment with my legal team, I firmly believe there are strong legal grounds for appeal. I have therefore instructed my solicitors to immediately file an appeal at the Court of Appeal,” he stated.
The minister also confirmed he would seek a stay of execution of the ruling, pending the outcome of the appeal process.
Sanusi sued Saifuddin for defamation at the Alor Setar High Court in August 2023, following a series of statements issued by the minister in the run-up to the state election, as he sought an apology from the minister, along with aggravated, exemplary and general damages.
The Kedah MB claimed the word “thief” used to describe the Kedah PAS administration is defamatory.
Sanusi, in reply to Saifuddin’s defence, said the minister could have chosen other words but the fact that he had called Sanusi “a thief” brings connotation of a criminal offence, which does not reflect the actual situation.
“If the defendant wants to describe the word theft of rare earths in my administration, the choice of word used is far astray and malicious. These follows there can be one meaning, namely that I am also involved in the theft of rare earth activities," he said.
Saifuddin, in his defence, contended that the matters uttered with regards to rare earth elements were true. This was following action taken by the Kedah Land and Mines Department that resulted in compounds being issued, and the case of trespassing in removal of rare earths being filed at the Sessions Court there. He noted that the Malaysian Anti-Corruption Commission had also arrested a suspect.
“Sanusi did not suffer any loss and damage with regards to his reputation, and this is evident in his success in retaining the Jeneri constituency in the 2023 state election with a majority of 16,000 votes and being re-sworn as Kedah MB and claiming eight portfolios,” Saifuddin said in his defence.