Court dismisses Yeoh's defamation suit against ex-IGP

 

The High Court in Kuala Lumpur today dismissed Segambut MP Hannay Yeoh’s defamation suit against former inspector-general of police Musa Hassan over remarks he made during a forum at Universiti Teknologi Mara (UiTM) four years ago.

Judicial commissioner Arziah Mohamed Apandi ruled after finding that the plaintiff had failed to establish that the defendant’s (Musa) statements were defamatory.

"I find that in this case, the occasion (where the forum was held) to be privileged, no malice was proven and that defendant had reasonable grounds for his statements based on the plaintiff's admissions and writings (in her book ‘Becoming Hannah’) and the publication (of defendant's statements) was beyond his control," she said.

Arziah further said that the constitutional right to freedom of expression must be robustly protected, especially in matters of public interest and statements made during privileged occasions.

“While responsible speech is important, public figures must expect and tolerate robust criticism and debate regarding their public statements and actions. For these reasons, the plaintiff's claim is dismissed, with costs of RM40,000,” she said when delivering today's decision via email.

Arziah said that the defendant was merely an invited speaker and was unaware that the forum would be broadcast. He only learned about the Facebook Live streaming at the end of the event.

“He had no control over publication. The publication statistics reveal less than one percent engagement rates, no negative comments directed at the plaintiff, and no evidence of widespread dissemination. The publication was clearly by UiTM, not the defendant and he had no control over it," she said.

Arziah further explained that the statements were made at a forum discussing national security issues, where the defendant, as the former inspector-general of police, spoke about perceived security threats.

“The forum was organised by UiTM's Institution of the Malay Rulers Chair, lending it institutional credibility. The defendant as the former IGP, had a moral and social duty to speak on matters affecting national security, and the audience had a corresponding interest in receiving such information.

“Importantly, there is no clear evidence of malice, as the defendant based his statements on academic analysis (lecturer Kamarul Zaman Yusoff), spoke within the context of broader national security concerns, and had no control over the publication of his remarks.

“The constitutional right to freedom of expression and the public interest in allowing robust debate about national importance,” she added.

Yeoh’s counsel, Lim Wei Jiet, when contacted, said that he had instructions to appeal against the decision and would do so immediately.

2020 commencement

Yeoh, who is the youth and sports minister, filed a suit against Musa over statements made during a forum at UiTM on Jan 30, 2020.

Yeoh claimed that, in his speech, Musa, among other things, accused her of writing her book “Becoming Hannah” to turn Malaysia into a Christian nation, of having connections with evangelists and Jews to undermine Islam and Malaysia, and of prioritising her personal interests over the nation's.

She argued that Musa's statements in his speech were untrue, false, and unfounded and that they were made with malicious intent to tarnish her good name and reputation.

Musa, in a statement through his legal representative Messrs Azam Aziz & Co, expressed his gratitude for today's decision and thanked all those who had supported him.

He emphasised that he would continue to speak out in his capacity as the former IGP on matters of national interest and would remain committed to defending the country against any internal or external threats, in accordance with the Federal Constitution.

- Bernama