In a landmark defamation case, the High Court today ruled that Kepala Batas MP Siti Mastura Muhammad's remarks, made during the Kemaman by-election campaign, were defamatory and issued with malice. Her accusations linked DAP stalwarts Tan Sri Lim Kit Siang, his son Lim Guan Eng, and Seputeh MP Teresa Kok to the late Communist Party of Malaya leader Chin Peng and Singapore’s Lee Kuan Yew.
Judge Datuk Quay Chew Soon, delivering the judgment via Zoom, awarded a staggering RM750,000 in damages: RM300,000 to Lim Kit Siang, RM250,000 to Lim Guan Eng, and RM200,000 to Teresa Kok. An additional 5% interest on the amount and RM25,000 in legal costs per plaintiff added to the financial blow. The court also imposed an injunction preventing Siti Mastura from making similar remarks in the future.
A Defamatory Line Crossed
The court noted that criticism in politics is fair game, but Siti Mastura’s allegations overstepped the boundary into defamation. By linking the plaintiffs to communism, she subjected them to public scorn and vilification. Judge Quay described her statements as "extreme, baseless, reckless, and defamatory," pointing out that they were made with malice and bad faith.
Siti Mastura’s attempt to justify her claims by citing an unverified and dubious campaign book: one with no publication details, further weakened her defense. The judge criticized her, noting that as a PhD holder and seasoned MP, she should have exercised better judgment and research practices.
The Cost of Sticking to Her Guns
This case underscores the peril of refusing to backtrack or issue a simple apology. Siti Mastura’s insistence on standing by her claims despite their flimsy foundation has not only cost her a hefty sum but also severely tarnished her credibility.
While freedom of speech is a cherished right, it comes with the responsibility to ensure that statements made, especially by public figures, are truthful and not harmful. As the judge aptly remarked, linking individuals to communist ideologies in Malaysia carries a "sinister insinuation" that goes far beyond ordinary political mudslinging.
A Lesson for Politicians
This ruling is a cautionary tale for politicians who believe they can evade accountability for defamatory remarks by hiding behind the veil of political rivalry. It serves as a reminder that public discourse, no matter how heated, must remain grounded in truth.
For Siti Mastura, an out-of-court apology could have mitigated the fallout. Instead, her refusal to retract her statements has led to a costly and public legal defeat. As this case demonstrates, in the court of law, reckless speech can carry a heavy price.
By: Kpost
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