KHAIRY JAMALUDDIN ABU BAKAR v MOHD RASYIQ BIN MOHD ALWI
Catchwords
[1] This is a defamation action. [2] As a result of the alleged defamatory statements, videos and photos (“impugned statements”) and their publications (“impugned publications”), interchangeably known as the impugned statements and/or impugned publications, this action has been brought by the plaintiff against the defendant. The defendant is accused of making the impugned statements and/or impugned publications through social media accounts allegedly targeting the plaintiff in relation to the implementation of the COVID-19 vaccination programme. [3] The plaintiff claims that by publishing the impugned statements, the defendant has caused substantial damage to the plaintiff's credibility, credit, goodwill and reputation. In addition, the defendant has caused distress to the plaintiff. [4] Unfortunately, the defendant deliberately chose not to participate in the trial. As a result, he was unable to offer evidence to defend himself. The trial proceeded nevertheless. [5] After careful analysis of the evidence made available to the court, the court finds that the impugned statements, in their natural and ordinary meaning, impute dishonourable or discreditable conduct and a lack of integrity to the plaintiff. The defendant's impugned statements suggest that, despite the plaintiff advocating for the Malaysian public to get vaccinated, he did not get vaccinated himself. Essentially, the impugned statements showed that the plaintiff systematically misled the public by lying and deceiving them. This must also be viewed in light of the plaintiff's ministerial position as well as the fact that he was the central figure in the COVID-19 vaccination programme. As a result, there is no doubt that not only the impugned statements are capable of conveying defamatory meanings as alleged by the plaintiff, but they are in fact defamatory. [6] In light of the above, the court allows the plaintiff’s claim with costs of RM50,000.00, subject to allocatur.
Judgment
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Read on eJudgmentSource: eJudgment (wa-23cy-4-01-2022)