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By Mihar Dias (C) Copyright May 2023
The final decision, of course, rests with the court.
At the moment no one is qualified enough to make a conclusion. The court in its wisdom shall deliver a verdict only after considering all evidence tendered in court. So, we'll have to wait.
However, suffice to say that Tun Mahathir must be quite sure of himself to file a case and demand an incredible compensation of RM150 millions from Anwar.
That makes a libel suit recently won by former MP of Amanah, Mahfuz against his nemesis Sanusi the MB of Kedah for RM120k appear like an insignificant amount.
Anyway, Sanusi might be poorer by RM120k as a result of the suit filed by Mahfiz. In this case if Tun Mahathir won, Anwar would be poorer by RM150 million.
However, what Anwar said at "Kongres Nasional Khas Malaysia Madani: ‘Perlaksanaan Sebuah Idealisme” held in Stadium Melawati, Shah Alam, streamed live on Anwar’s own Facebook and PKR’s YouTube, may cost him RM150 million because Tun Mahathir claimed it was defamatory.
Tun Mahathir has filed a defamation suit against Anwar wanting a compensation of RM150 million plus an apology and retraction of alleged remarks.
But why RM150 million?
Tun Mahathir is seeking RM50mil in general damages and RM100mil in exemplary damages. That adds up to RM150 million.
In case you are wondering about the term "exemplary damages", they are essentially "damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit."
Although the purpose of examplary damages is not to compensate the plaintiff, the plaintiff may receive all or some of the punitive damages in award depending upon the decision made by the presiding judge.
In addition, Tun Mahathir is also seeking a court order for the defendant to immediately retract the statements, and issue an unconditional and open apology.
According to news reports, the lawsuit will be up for case management before High Court Judicial Commissioner Jamhirah Ali on May 31 almost two months after Tun Mahathir sent a letter of demand (March 27) to Anwar seeking for an apology and a retraction of the alleged defamatory remarks.
But on April 17 Anwar's lawyers replied saying that their client was ready to answer Tun Mahathir's allegations in court.
That's why Tun Mahathir filed this lawsuit.
May the best man wins!
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