Ex-deputy minister's defamation suit against Batu MP dismissed

 

The Kuala Lumpur Sessions Court dismissed former deputy federal territories minister Edmund Santhara’s defamation suit against Batu MP P Prabakaran.

The civil court today ruled that Prabakaran (above, left), a PKR lawmaker, made a fair comment over Santhara’s temporary stay in New Zealand from late 2020 to early 2021.

The defendant’s lawyer Dinesh Muthal confirmed with the media this afternoon the outcome of the defamation suit filed in 2021.

“The court is of the view that the defendant’s comment was fair comment within the law of defamation.

“Clearly, the defendant as a member of Parliament had a duty to raise issues of public interest,” the counsel said.

The lawyer added that Prabakaran’s statement on March 17, 2021, was over the visit being done during Malaysia’s Movement Control Order (MCO) to restrict travel during the Covid-19 pandemic.

He said the court found that the public interest issue at hand was over the then public movement restriction when the then deputy minister was able to go on leave to New Zealand, furthermore when the Malaysian Parliament was suspended during the related Emergency.

Dinesh added that the court dismissed the defamation suit and ordered the plaintiff to pay RM18,000 in costs to Prabakaran.

When contacted by Malaysiakini, Santhara’s counsel N Krishnan said that he is awaiting instructions from the former deputy minister on whether to appeal to the Kuala Lumpur High Court.

Asking NZ for extradition

On March 17, 2021, Prabakaran issued statements seeking, among others, for the New Zealand government to extradite the then deputy minister to Malaysia if the latter was found to have broken local laws.

The PKR lawmaker also wanted an explanation as to why Santhara, who is currently a Bersatu member, could enter and remain in the country for an extended time.

Santhara previously said he underwent quarantine in New Zealand on Dec 24, 2020, and managed to obtain 55 days of leave from Putrajaya to visit family members there.

He returned to Malaysia in March 2021.

In his statement of defence, Prabakaran raised the defence of justification and fair comment for the public interest, among others.

The PKR lawmaker contended that his statements were in line with his duty as a parliamentarian to raise issues that affect the people.

Prabakaran added that this was when the plaintiff was then the deputy federal territories minister responsible for areas falling under his then responsibility.

During a court hearing of the defamation suit in March this year, former prime minister Najib Abdul Razak - who was brought to the civil court from Kajang Prison as he is serving a 12-year jail sentence over the RM42 million SRC International corruption case - testified that Santhara’s 55-day leave during the nationwide MCO was not morally right. - Mkini