PUTRAJAYA – The Court of Appeal has affirmed a high court decision that a former religious school principal in Kelantan is liable for defaming former Amanah vice-president Datuk Husam Musa on Facebook.
A three-judge panel comprising Datuk Suraya Othman, Datuk Mohd Sofian Abd Razak and Datuk Lee Heng Cheong dismissed Masri Che Yusoff’s appeal on liability with costs of RM15,000.
“We are of the view that the learned (high court) judge was not plainly wrong in his findings and decision. Accordingly, we find no merit in the appeal, and we dismiss the appeal with costs,” said Suraya, who chaired the panel.
She said the high court judge found that the statements in question are defamatory.
In his grounds of judgment, she said, the high court judge said the statements mean that Husam has a personal interest in three lots of land, and committed misappropriation and breach of trust given his position as Kelantan exco by acquiring the said land for his personal interest.
In June 2018, the Kota Baru High Court allowed Husam’s claim against Masri, who is also a former member of Kelantan PAS’ Dewan Ulama, and ordered for damages to be assessed by the deputy registrar.
Husam filed the defamation suit on October 27, 2015.
In November 2019, the deputy registrar awarded RM50,000 in damages to Husam, but he appealed at the high court, which in February this year increased the sum to RM150,000.
Masri’s appeal hearing yesterday was against the high court’s decision on liability.
Suraya said since he did not file the appeal on the quantum of damages, the sum of RM150,000 remains.
Lawyer Yusfarizal Yussoff, representing Masri, told Bernama that he will seek his client’s instruction on whether to bring the matter to the Federal Court. – Bernama, September 23, 2021
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