Umno owned daily Utusan Malaysia was found guilty of libel by the High Court in Kuala Lumpur today and ordered to pay RM70,000 in damages and costs to DAP chairperson Karpal Singh.
This is for publishing an article four years ago on the eve of the Permatang Pauh by-election, in which the daily wrongfully attributed a quote to Karpal despite the author of the article not being present there and Karpal had not said such things.
The author, Zulkifli Jalil, who is now the daily's news editor, had made an open apology in court when testifying in the case earlier this year.
This is for publishing an article four years ago on the eve of the Permatang Pauh by-election, in which the daily wrongfully attributed a quote to Karpal despite the author of the article not being present there and Karpal had not said such things.The author, Zulkifli Jalil, who is now the daily's news editor, had made an open apology in court when testifying in the case earlier this year.
Zulkifli had based the article on Karpal's speech at the DAP national congress in 2008, about which Zulkifli had written that the DAP leader said he rejected Islam as the country's official religion.
Judicial Commissioner Nik Hasmat Nik Mohamad ruled that the apology alone does not absolve Utusan of committing libel.
Judicial Commissioner Nik Hasmat Nik Mohamad ruled that the apology alone does not absolve Utusan of committing libel.
Justice Nik Hasmat described the article as “mischievous” and the author as practising “reckless journalism” in not verifying the facts with Karpal and depending on an article published in its weekend edition, Mingguan Malaysia.
"From the plain, natural and ordinary meaning of the words, there was an essence of defamation to the plaintiff.
"It had also resulted in the plaintiff being ridiculed and held in public contempt in the eyes of the people. Hence, the court awards RM50,000," she added.
"From the plain, natural and ordinary meaning of the words, there was an essence of defamation to the plaintiff.
"It had also resulted in the plaintiff being ridiculed and held in public contempt in the eyes of the people. Hence, the court awards RM50,000," she added.
Zulkifli in his testimony earlier this year said he had taken "rejecting an Islamic state" and "rejecting Islam as the official religion of the country" to mean the same.
He also admitted he did not contact Karpal for clarification and that his writing was based on personal experiences and other news reports on Karpal's opposition to PAS' Islamic state agenda.
Karpal had named Utusan Melayu (M) Sdn Bhd as the defendant.
He also admitted he did not contact Karpal for clarification and that his writing was based on personal experiences and other news reports on Karpal's opposition to PAS' Islamic state agenda.
Karpal had named Utusan Melayu (M) Sdn Bhd as the defendant.
No aggravated or exemplary damages
Justice Nik Hasmat said Karpal, as a leader in the DAP and within the Pakatan Rakyat coalition's public standing, was affected by the publication and that the article was to jeopardise Pakatan's chances in the by-election.
Pakatan had put opposition leader Anwar Ibrahim as its candidate for the Permatang Pauh seat.
“It was calculated to jeopardise the chances of a victorious outcome,” the judge said.
However, Anwar and Pakatan won in the by-election, which was held after PKR president Dr Wan Azizah Wan Ismail stepped down.
The judge said considering that the publication was made in Malaysia, which is made up predominantly of Malays and Muslims, the court agreed that it had affected Karpal's reputation in a multi-cultural society.
However, Justice Nik Hasmat did not award exemplary and aggravated damages, noting that there was a degree of journalistic responsibility with the publication of a front-page apology by Utusanthe next day, as well as the apology made by the author.
Ramkarpal Singh appeared for Karpal, while B Mohana Kumar appeared for Utusan Melayu.
Justice Nik Hasmat said Karpal, as a leader in the DAP and within the Pakatan Rakyat coalition's public standing, was affected by the publication and that the article was to jeopardise Pakatan's chances in the by-election.
Pakatan had put opposition leader Anwar Ibrahim as its candidate for the Permatang Pauh seat.“It was calculated to jeopardise the chances of a victorious outcome,” the judge said.
However, Anwar and Pakatan won in the by-election, which was held after PKR president Dr Wan Azizah Wan Ismail stepped down.
The judge said considering that the publication was made in Malaysia, which is made up predominantly of Malays and Muslims, the court agreed that it had affected Karpal's reputation in a multi-cultural society.
However, Justice Nik Hasmat did not award exemplary and aggravated damages, noting that there was a degree of journalistic responsibility with the publication of a front-page apology by Utusanthe next day, as well as the apology made by the author.
Ramkarpal Singh appeared for Karpal, while B Mohana Kumar appeared for Utusan Melayu.
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