Justification won’t work in MP’s defamation defence, says Anwar

 

Kuala Terengganu MP Ahmad Amzad Hashim said in his defence that as an opposition leader he had a duty to speak up.

PETALING JAYA: Anwar Ibrahim says Kuala Terengganu MP Ahmad Amzad Hashim has no defence to rely on in claiming that he received RM15 million from the Selangor government while serving as its economic adviser.

The PKR president said this in reply to Amzad’s defence that as an opposition leader he had a duty to speak up.

The prime minister said Amzad could not rely on the defence of justification, qualified privilege and fair comment to defeat his defamation suit.

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“The defendant (Amzad) is not entitled to the defence of justification as he had not shown his allegations are true or substantially true,” said Anwar in the reply filed by his lawyer SN Nair yesterday.

He said until and unless the allegations were proven to be true, Amzad’s claim for the defence of justification must fail.

Anwar said Amzad’s actions were tainted with mala fide and malice.

He said the defence of qualified privilege was not available as Amzad’s defamatory words were made without due regard to the truth.

“As such the defence of qualified privilege or Reynolds’ privilege is unsustainable,” he added.

Anwar said the defence of fair comment was also inapplicable as Amzad uttered libellous words based on pure speculation and hearsay.

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Anwar, who was elected Tambun MP in the 15th general election, said his criminal record relied on by Amzad was prima facie hearsay and that he had obtained a full pardon from the Yang di-Pertuan Agong.

“The pardon extinguishes in totality all convictions and punishment,” he said.

He said Amzad’s pure reliance on the allegation of the RM15 million salary was based on what one Faekah Hussin had said, and who had later denied it.

In his statement of claim, filed on Dec 22 last year, the Pakatan Harapan chairman said the MP, who contested under the PAS ticket, made several statements to patrons dining at a restaurant on Dec 7.

Anwar, who was appointed prime minister on Nov 24, claimed that the statements were also published on TikTok by a user known as “@nelly3868” later that same day.

He said the post received more than 4,980 views, 62 comments, 116 “likes”, 18 “favourite buttons” and 50 shares, and was still accessible on TikTok.

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Anwar said the statements implied, among other things, that he was untrustworthy and dishonest about receiving millions of ringgit from the Selangor government when he was its economic adviser.

He claimed it also implied that he had deceived the public by stating he received a salary of RM1 as an economic adviser, had committed a criminal offence and betrayed the people’s mandate.

Anwar claimed the slanderous statements were false, malicious and disparaging, adding that he was highly respected nationally and internationally as someone who opposed corruption.

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“The defendant’s allegations in the defamatory statements are unfounded and I was portrayed as an ex-convict although I have been given a royal pardon,” Anwar said in his statement of claim.

He said the defendant had deliberately and maliciously ignored former Selangor menteri besar Abdul Khalid Ibrahim’s statement in the Selangor state assembly in 2012 that he (Anwar) had only received a symbolic sum of RM1 when acting as the state’s economic adviser. - FMT