Muhyiddin Ordered To Pay Guan Eng Rm1 3m Defamation Damages

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The Kuala Lumpur High Court ruled that former prime minister Muhyiddin Yassin defamed former finance minister Lim Guan Eng over the alleged revocation of Albukhary Foundation’s tax-exempt status.
Judicial commissioner Roz Mawar Rozain ordered Muhyiddin to pay RM1.35 million in damages to Lim.
She said the Pagoh MP made no attempt to verify the statement before issuing it, and that the allegation was baseless.
Roz pointed out that Lim’s testimony - of him never issuing any circular to revoke the foundation’s tax-exempt status - was unshaken during the full trial.
She noted that the defendant’s own witness - an officer from the Finance Ministry - confirmed that Lim during his tenure helming the ministry never issued any letter to that effect.
“The statement is not only false but potentially harmful in a nation of a multicultural society,” said Roz, adding that the allegation was serious as it implied Lim committed an abuse of power involving an Islamic charitable organisation.
She pointed out that Muhyiddin had resources at his disposal to double-check the veracity of his statement, adding that the language of his words provoked racial sentiments.
She noted this was particularly so as this case involved two well-known politicians and touched on sensitive issues of race and religion.
Roz said that, as a result, the court could not accept Muhyiddin’s cited defence of justification and fair comment, among others.
She noted that the gravity of the transgressions was compounded by the defendant’s past position as prime minister which lent gravity to the allegation against the plaintiff.
“Good name in man and woman, dear my Lord, is the immediate jewel of their souls. These immortal words from Shakespeare’s Othello were cited in the plaintiff’s submissions and they resonate deeply in this case, where a man’s reputation - that fragile yet precious possession - has been put to trial.
“This action for defamation brings into sharp focus the delicate balance between freedom of expression and the right to protect one’s reputation,” said the judicial commissioner.
Order to retract
Lim’s defamation suit was over the claim that the Bagan MP greenlit the revocation of the foundation’s tax-exempt status during the Pakatan Harapan administration.
The civil court’s breakdown of the damages was RM350,000 for each of the three statements leading to RM1.05 million in general damages, plus RM150,000 for aggravated damages and RM150,000 for exemplary damages, with a grand total of RM1.35 million.
The judicial commissioner issued an order for Muhyiddin to retract all three defamatory statements from all of his social media accounts immediately.
She further gave an injunction to prevent Muhyiddin from further repeating the statements.
Roz also ordered Muhyiddin to pay RM50,000 in costs to Lim.
“The quantum of damages this court awards reflects both the gravity of the defamation and its potential impact on our society.
“It serves not only to compensate the plaintiff but also to vindicate his reputation and to mark the court’s disapproval of the conduct displayed.
“Freedom of expression, while fundamental to our democracy, must be exercised responsibly, particularly by those who hold or have held high public office.
“The making of unsubstantiated allegations that play on racial and religious sensitivities cannot be countenanced by this court,” she said.
The former Penang chief minister was seen shaking hands and being hugged by DAP leaders and supporters after the open-court proceedings.
Muhyiddin was not seen during proceedings.
When reached out to by the media, the Bersatu president’s counsel Chetan Jethwani said they would appeal to the Court of Appeal.
Suit details
DAP chairperson Lim was suing over Muhyiddin’s statement made to the media after the latter was summoned by the MACC on March 9 last year.
Lim was finance minister during the Harapan administration between May 2018 and February 2020, while Muhyiddin headed the Perikatan Nasional administration from March 2020 to August 2021.
On March 27 last year, Lim filed a writ of summons against Muhyiddin.
A month later, through his statement of defence, Muhyiddin contended that Lim has to prove in court that the Finance Ministry did not revoke Albukhary Foundation’s tax-exempt status.
The Pagoh MP also claimed that Prime Minister Anwar Ibrahim’s statement in Parliament - that there were no records of Lim revoking the foundation’s tax-exempt status - was “wholly irrelevant” and a mere deflection so that Lim would not be held accountable for the Inland Revenue Board decision on the issue.
In his reply to Muhyiddin’s defence, Lim questioned why Muhyiddin did not raise the issue of the alleged tax exemption revocation when they were both part of former prime minister Dr Mahathir Mohamad’s cabinet from 2018 to 2020.
Lawyer Guok Ngek Seong appeared for Lim. - Mkini

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