Malaysia

CoA rejects Sanusi’s defamation appeal, hikes damages to RM120,000

Appellate court allows Amanah’s Datuk Mahfuz Omar’s cross-appeal against Kedah MB

Updated 3 years ago · Published on 03 Apr 2023 3:33PM

CoA rejects Sanusi’s defamation appeal, hikes damages to RM120,000 — The Court of Appeal has ordered Datuk Seri Muhammad Sanusi Md Nor (pic) to pay RM10,000 in legal costs in Amanah’s Datuk Mahfuz Omar’s defamation suit against the Kedah menteri besar. – ABDUL RAZAK LATIF/The Vibes file pic, April 3, 2023

PUTRAJAYA – The Court of Appeal today ordered Kedah Menteri Besar Datuk Seri Muhammad Sanusi Md Nor to pay increased damages of RM120,000 to former Pokok Sena MP Datuk Mahfuz Omar for defamation.

This was after a three-member bench comprising Datuk Vazeer Alam Mydin Meera, Datuk Seri Mariana Yahya, and Datuk Wong Kian Kheong allowed Mahfuz’s cross-appeal for the quantum of damages to be increased from RM50,000 to RM120,000.

Meanwhile, the bench dismissed Sanusi’s appeal to set aside the high court’s decision, made on November 8, 2021, which ordered the PAS man to pay damages to Mahfuz after allowing the latter’s defamation lawsuit.

In the court’s decision, justice Vazeer said that there was no error by the high court judge in his findings on liability, but said that the quantum of damages awarded to Mahfuz was low.

He also ordered Sanusi to pay RM10,000 in legal costs.

Sanusi’s lawyer Yusfarizal Yussoff as well as Noorazmir Zakaria, representing Mahfuz, confirmed the appellate court’s decision when contacted.

The decision was delivered by the court via online proceedings today.

In November 2021, high court judicial commissioner Datuk Mohd Arief Emran Arifin allowed Mahfuz’s defamation suit and ordered Sanusi to pay RM50,000 in damages to the Amanah lawmaker.

The judicial commissioner also granted an injunction order to restrain Sanusi or his agents from further publishing defamatory words against Mahfuz.

Mahfuz filed the suit on October 9, 2019, over a post made by Sanusi on his Facebook account on July 30 of the same year, linking Mahfuz as the Pokok Sena MP to the matter of the transfer of a Sports Toto outlet to the area.

Mahfuz also claimed that the Kedah menteri besar posted a 7min 57sec video on his Facebook account on July 27, 2019, which showed a group of individuals protesting the opening of a Sports Toto outlet in Pokok Sena, while holding a banner bearing Mahfuz’s name.

Meanwhile, Yusfarizal said he would discuss with his client whether to file leave to appeal to the Federal Court. – Bernama, April 3, 2023