"Arguments regarding the defendant’s position as a former IGP, including claims that he needed freedom to speak on matters of national or religious importance, do not grant a carte blanche to make statements without due care, responsibility, or accountability.” – Federal Court judge Datuk Azimah Omar
PUTRAJAYA (Jan 13): The Court of Appeal has allowed Federal Territories Minister Hannah Yeoh’s appeal in her defamation suit against former inspector general of police Tan Sri Musa Hassan, and ordered Musa to pay Yeoh RM250,000 global damages.
Federal Court judge Datuk Azimah Omar, who led the Court of Appeal bench, overturned the High Court’s decision and ruled that the judicial commissioner had erred in her decision and that warrants appellate intervention.
Azimah, who read the unanimous decision for 90 minutes, disagreed with all the grounds given by Judicial Commissioner Arziah Mohamed Apandi in dismissing the suit.
Azimah said that despite Musa being the top-most senior police officer, this does not give him the right to defame anyone, whatmore a politician and a minister.
”Arguments regarding the defendant’s position as a former IGP, including claims that he needed freedom to speak on matters of national or religious importance, do not grant a carte blanche to make statements without due care, responsibility, or accountability.
“While the defendant may have held a position of influence, it is unacceptable and unprecedented in law to allow individuals with such power to disseminate untruths recklessly,” Azimah added.
NEWS: Hannah Yeoh wins suit against ex-IGP
This court, the judge said, noticed that Musa depended on the views made by academician (UUM professor) Kamarul Zaman Yusoff, which were not verified.
“Looking at Musa’s defence statement, only one of the 10 grounds are considered fact, while the remaining are views depicted from Kamarul Zaman. The reliance (by Musa) on another person’s statement or opinion is considered hearsay,” the judge added.
Furthermore, Azimah noted that the COA also took note that Yeoh was also successful in her defamation claim against Kamarul Zaman.
Musa had defamed Yeoh at a forum at Universiti Teknologi Mara six years ago, where the former IGP, among others, alleged that Yeoh and her party DAP, was out to “Christianise” Malaysia, and had links with evangelists and Jews to damage Islam and Malaysia, and put her personal interests above the nation's.
Azimah sat with judges Datuk Dr Choo Kah Sing and Datuk Dr Shahnaz Sulaiman.
Yeoh has legal standing to initiate suit, denies Musa’s defence
The Federal Court judge also said that the High Court judicial commissioner was wrong in deciding that Yeoh had no locus standi (legal standing) in initiating the suit, and was wrong in applying the landmark decision in Derbyshire County Council v Times Newspapers Ltd (1993) which was misinterpreted to mean public officials cannot file a suit.
Azimah said public officials like politicians can file a defamation suit in their personal capacity, and she noted that Yeoh, who has been a politician since 2008 by first becoming a Subang Jaya assemblyperson, has a right to safeguard her reputation with her voters.
The Court of Appeal had also rejected Musa’s defence of fair comment, justification, and qualified privilege, which the High Court had accepted.
Azimah noted that the book written by Yeoh titled Becoming Hannah: A Personal Journey of which Musa complained about, only shows Yeoh as being a devout Christian and it was a personal journey to her faith.
The judge also noted that Islam or Muslims themselves are in dire need of exemplary leadership, and books writing on personal religious journeys would not be seen as trying to convert someone.
“It does not justify Musa's claim of Yeoh trying to destroy Islam or conspire to destroy the religion. We hereby find that the High Court had seriously erred in the defence of justification,” she said, adding that the court also found that there is no single line of fair comment.
Malaysian law, Azimah added, emphasises that all public statements, regardless of the speaker’s status or authority, must be made responsibly and with accountability.
“Having reviewed the circumstances, including the nature of the defamatory statements and their injurious impact on the plaintiff’s personal and professional reputation, we find it appropriate to award a global sum as damages.
“The defamatory imputations were serious, made public, and highly damaging, and the defendant’s actions demonstrated negligence and disregard for the plaintiff’s rights,” the judge said.
Following this, and citing case laws, the judge said a global sum of RM250,000 for general, exemplary, and aggravated damages was warranted and the court ordered Musa to pay RM60,000 costs.
Yeoh thankful of court decision
Yeoh, who was accompanied by lawyers Datuk Ambiga Sreenevasan, Sangeet Kaur Deo, Lim Wei Jiet, and Razlan Hadri Zulkifli, thanked the court for the decision.
“For the past six years, I have had to live with the lies and defamation on social media that not only affected my reputation and only caused confusion to the public, just because the statement was issued by a former IGP.”
“I hope that he makes a statement with care and based on facts, and not make confusing statements that create a wrong perception. I thank God for this vindication and thank my team of lawyers for this,” she said.
Yeoh said she would continue her task as a minister, full of integrity, hard work and sincerity to serve the people.
When asked whether the RM250,000 damages was a fitting award, she replied what was important was not the sum, but that the court had cleared her name.
“I hope that the action will stop people from making arguments on racial and religious grounds, especially false ones, just simply to influence the voters. I hope this will end,” she added.
Musa was represented by lawyer Nor Jehan Abu Bakar.