KUALA LUMPUR – It is not uncommon for politicians to face defamation lawsuits.
Politicians frequently make unwarranted claims, especially against their opponents, during election campaigns and public speeches, which can often lead to legal proceedings.
The combination of the high cost of pursuing defamation cases in court, the low chance of success, and the relatively modest rewards has not proven to be a reliable deterrent.
PAS is no exception as several of the opposition party’s leaders have found themselves entangled in such cases in recent years. Some have lost, with penalties reaching up to RM1.4 million.
The latest addition to this list is Kepala Batas MP Siti Mastura Muhammad, who has been ordered to file her defense statement by January 11 in response to a lawsuit brought by three DAP leaders.
In her speech, she alleged that DAP chairman Lim Guan Eng and his father, Lim Kit Siang, were related to the late Malayan Communist Party leader Chin Peng, as well as former Singapore Prime Minister Lee Kuan Yew.
She also claimed that Guan Eng’s wife, Chew, is a cousin of Seputeh MP Teresa Kok.
Despite the legal scrutiny, Siti Mastura has defended her speech even after being summoned to have her statement recorded at Bukit Aman police headquarters.
PAS president Tan Sri Abdul Hadi Awang pays RM1.4 million to Sarawak Report editor Clare Rewcastle-Brown (2019)
In another notable case, Hadi was required to cover investigative blog Sarawak Report’s legal expenses of RM1.4 million, as part of settling a defamation lawsuit he initiated against the online portal.
He had sued Rewcastle-Brown in London over a 2016 article which alleged that former prime minister Datuk Seri Najib Razak had channelled RM90 million to earn support from PAS leaders ahead of the 14th general election (GE14). The lawsuit was withdrawn after an out-of-court settlement in 2019.
On March 1, 2019, Rewcastle-Brown confirmed receiving RM1.4 million the previous month as part of the settlement.
She clarified that the court made no order as to costs because Hadi had already paid, and the amount was placed in escrow with the portal’s lawyer, Americk Sidhu.
Despite this, Hadi, on March 7 of the same year, denied paying out RM1.4 million, claiming it was an attempt to tarnish the party’s reputation.
Former PAS information chief Nasrudin Hassan Tantawi settles with Lim Guan Eng for RM10,000 over defamation (2016)
In 2014, Guan Eng, who was then Penang chief minister, sued Nasrudin for making a defamatory statement regarding the development of the Penang undersea tunnel project.
Nasrudin defended former Selangor Menteri Besar Tan Sri Abdul Khalid, criticising the highway construction proposal in Selangor.
After a two-year court battle, Guan Eng and Nasrudin settled out of court. Nasrudin agreed to pay RM10,000 for legal costs to Guan Eng and issued an apology.
He then maintained that he would not apologise, as his statement was based on facts.
Former Kelantan State Economic Development Corporation CEO Datuk Dr Wan Zawawi Wan Ismail settles for RM206,000 with former Amanah vice president Husam Musa (2019)
In 2019, Husam won a defamation lawsuit against former Syura Council member Wan Zawawi, who alleged that Husam had received funds from DAP to topple the PAS-led Kelantan government.
The court ordered Wan Zawawi to pay RM206,000 for compensation and legal costs to Husam.
The court also instructed Wan Zawawi to take down his Facebook post and issue a public apology in a national newspaper.
Former Selangor PAS commissioner Datuk Dr Hassan Mohamed Ali ordered to pay RM225,000 to former Shah Alam MP Khalid Abdul Samad (2018)
In 2012, Hasan made slanderous statements against Khalid regarding liquor sales, the existence of gambling centres, and massage parlours in Selangor.
After a prolonged court battle, Khalid won the defamation suit in 2018.
The Kuala Lumpur High Court ordered Hasan to pay RM200,000 for compensation and RM25,000 for costs to Khalid.
Former PAS youth chief Syarhan Humaizi Abdul Halim settles for RM80,000 with Seputeh MP Teresa Kok (2020)
In 2020, the high court ordered Syarhan to pay RM80,000 to Kok for his Facebook posting, which claimed Kok was anti-Islam and racist.
Previously in January 2019, Syarhan had posted articles implying that Kok was anti-Islam, racist, and misused her power as a minister.
Judge Datuk Mohd Firuz Jaffril rejected the defence’s argument that Kok was anti-Islam, citing her alleged opposition to the Jawi script on signboards and support for the Alcohol Festival in Kuala Lumpur.
Mohd Firuz also ordered Syarhan to pay Kok RM10,000 for costs.
Ongoing case: former PAS Ulama Council committee member Ahmad Dusuki Abdul Rani’s lawsuit against Amanah vice president Datuk Seri Mujahid Yusof Rawa
Another ongoing case involves Ahmad Dusuki who sued Amanah Vice President Datuk Seri Mujahid Yusof Rawa for defamation over claims that Tabung Haji’s assets had been sold to non-Muslims.
The Shah Alam sessions court rejected Dusuki’s claim, costing him RM11,000. He then appealed to the high court but was again rejected, and had to pay RM7,000
Dusuki appealed to the Court of Appeal but then withdrew his appeal and had to pay RM5,000 in fees.
On September 6, Mujahid sued Dusuki for RM1 million due to his constant defamatory statements.
On December 15, Mujahid ordered his lawyers to initiate legal proceedings against Dusuki to settle overdue court costs amounting to RM23,000.
According to the former Parit Buntar MP, his lawyers sent demand letters to Ahmad Dusuki twice, but he refused to pay. – December 28, 2023