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In a recent court ruling, Datuk Seri Muhammad Sanusi Md Nor, the Menteri Besar of Kedah, has successfully won a defamation suit against Datuk Seri Saifuddin Nasution Ismail. The lawsuit, which took place in Kuala Lumpur, Malaysia, was reported by New Straits Times.
The court ruling was based on two statements made by Saifuddin during the Kedah state election campaign in July 2023. The statements in question alleged misuse of Malaysian Road Records Information System (Marris) allocations and hinted at Sanusi's involvement in misconduct related to rare earth elements.
The court found that Saifuddin failed to prove, on a balance of probabilities, any factual basis to support his allegations. As a result, the defence of fair comment was rejected in the case.
The Alor Setar High Court ordered Saifuddin to pay RM600,000 in damages and RM70,000 in legal costs. Sanusi, initially seeking RM5 million in total damages, accepted the court's award of global damages of RM600,000, along with RM70,000 in costs.
Saifuddin was ordered to publish an apology in one Malay-language and one English-language newspaper within 14 days, subject to Sanusi's approval. The apology must be approved by Sanusi before it can be published.
The defence team of Saifuddin, led by Sivarasa Rasiah, contested the case. On the other hand, Sanusi was represented by Wan Rohimi Wan Daud, Yusfarizal Yussof, Mohd Faizi Che Abu, and Nur Iffah Hizwani Omar.
The court issued a permanent injunction barring Saifuddin from republishing the statements. The ruling did not include any aggravated or exemplary damages for Sanusi.
This marked a significant victory for Sanusi, who contended that the statements harmed his reputation and insinuated corrupt behavior. The court's ruling determined that the statements referred to Sanusi, were published by Saifuddin, and carried defamatory meaning.
The lawsuit was filed over allegations of rare earth element (REE) theft and financial mismanagement. The court ruling comes as a reminder for public figures to exercise caution when making statements during election campaigns to avoid potential defamation suits.
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