Court dismisses Santhara’s defamation suit against Prabakaran

KUALA LUMPUR – The sessions court here today dismissed the suit brought by Datuk Seri Edmund Santhara Kumar against Batu MP P. Prabakaran for allegedly defaming the former federal territories deputy minister for his visit to New Zealand during the Covid-19 pandemic three years ago.

Judge Zulqarnain Hassan made the decision after finding that Prabakaran’s statement was a reasonable comment, as he as a representative of the people had a responsibility to voice out on public issues.

Zulqarnain in his judgment said the defendant disputed the plaintiff’s vacation for 55 days in New Zealand, as it took place at a time when the movement control order was being enforced due to the Covid-19 pandemic.

“In the court’s opinion, the issue of movement restrictions and a deputy minister being able to go on holiday is a public one. The defendant disputed the plaintiff’s actions not because the plaintiff was Datuk Seri Edmund Santhara Kumar, but because the plaintiff was a deputy minister at the time.

“What’s more, Parliament was also suspended at the time because there was an emergency. Due to that, the court finds the plaintiff’s defamation claim untenable and therefore dismisses the plaintiff’s suit with costs of RM18,000,” he said when delivering the judgment during online proceedings today.

Santhara filed the suit on June 23, 2021 against Prabakaran for allegedly making defamatory remarks regarding the former’s visit to New Zealand in 2020.

In his statement of claim, Santhara said that the defendant held a press conference outside the New Zealand High Commission on March 17, 2021, between 9.30am and 2pm, and issued untrue and false information about the plaintiff’s responsibilities as a deputy minister.

The plaintiff claimed that the defendant or his representative had sent a memorandum to the high commissioner of New Zealand criticising the approval and permission granted to the plaintiff to visit New Zealand, and the defendant had also contacted embassy officials to obtain information about the plaintiff’s application to enter the country.

Prabakaran, through a statement of defence filed on September 8, 2021 claimed there was no malicious intent to tarnish the plaintiff’s image or reputation through the statement issued.

At today’s proceedings, Santhara was represented by lawyer N. Krishnan Nair while Prabakaran was represented by lawyer Dinesh Muthal.

Meanwhile, Prabakaran expressed his gratitude in a media statement over the suit’s dismissal.

“I would like to thank the defence lawyers as well as witnesses, especially Datuk Seri Najib Razak, Senator Isaiah D. Jacob, and other individuals involved either directly or indirectly in this case,” he said. – Bernama, August 4, 2023