High Court awards Perlis Mufti Dr Mohd Asri RM250,000 in damages after ruling a Facebook post linking him to GISBH was defamatory.
KUALA LUMPUR: Perlis Mufti Datuk Dr Mohd Asri Zainul Abidin was awarded RM250,000 in damages after the High Court ruled in his favour on part of his defamation claim against a Facebook account owner over posts linking him to GISB Holdings Sdn Bhd (GISBH).
Judicial Commissioner Rihaida Rafie allowed part of the suit filed by Mohd Asri, 55, against Mohd Nawawi Abdul Razak, 39.
In her judgment, Rihaida said the court found that only the first of the four statements published by the defendant was defamatory, while the plaintiff had failed to prove that the remaining three statements fulfilled the legal elements of defamation.
“The court is satisfied that the first defamatory statement fulfils the elements of defamation. Having reached that finding, the court then considered the defence raised by the defendant.
“After evaluating the defence evidence in its entirety, the court finds that the defendant has failed to establish the defence pleaded,” she said.
The court ordered Mohd Nawawi to pay RM250,000 in global damages, with interest at five per cent per annum from the date of judgment until full settlement, as well as RM50,000 in costs to Mohd Asri.
It also granted the plaintiff’s application requiring the defendant to publish an apology on his Facebook account within seven days from today, remove the defamatory posts from the same account, and refrain from publishing any further defamatory statements through the account, whether personally or through his employees.
Today’s proceedings were attended by lawyers Faizal Rahman and Fatima Zulaikha Ahmad Bashri, representing Mohd Asri, while Mohd Nawawi was represented by Mohd Tajudin Abd Razak.
Mohd Asri, who is also a lecturer, filed the suit on Oct 10, 2024, alleging that the defendant had published four defamatory statements on the Facebook account ‘Mohd Nawawi Abd Razak’ on Sept 20, 2024, which were accessible to the public.
He claimed the posts implied, among other things, that he was a leader or supporter of the GISBH movement, had close ties with the group, and condoned superstitious practices in return for benefits from GISBH.
In his statement of defence filed on Nov 29, 2024, Mohd Nawawi denied the allegations, contending that the plaintiff’s defamation claim was exaggerated, excessive and fabricated to gain the court’s sympathy.
