Court awards Mufti RM250,000: Which statements were found defamatory?

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High Court Awards Perlis Mufti RM250,000 in Defamation Case Over GISB Holdings Posts

The High Court has awarded Perlis Mufti Datuk Mohd Asri Zainul Abidin RM250,000 in damages following a defamation suit against a Facebook account owner, Mohd Nawawi Abdul Razak. The court found that only one of the four statements published by the defendant was defamatory, specifically concerning alleged links to GISB Holdings Sdn Bhd (GISBH). The ruling also mandates that Mohd Nawawi publish an apology, remove the offending posts, and cease further defamatory publications.
Defamatory Nature of the First Statement

The court determined that the initial statement published by Mohd Nawawi met the legal criteria for defamation. While the full text of this specific statement is not detailed, it was presented as implying that Datuk Mohd Asri held a leadership role or supported the GISBH movement, maintained close associations with the entity, and potentially endorsed superstitious practices in exchange for benefits derived from GISBH. The judicial commissioner found that the defendant failed to establish any defence against this particular statement.
Three Statements Deemed Not Defamatory

Datuk Mohd Asri's defamation claim encompassed four distinct statements made on the Facebook account ‘Mohd Nawawi Abd Razak’ on September 20, 2024. However, the court concluded that the plaintiff had not sufficiently proven the defamatory nature of the remaining three statements. These statements, though part of the original claim, did not meet the necessary legal threshold for defamation in the eyes of the court.
Damages and Court Orders

In addition to the RM250,000 in global damages, the High Court ordered Mohd Nawawi to pay an interest of five per cent per annum from the date of judgment until full settlement. Furthermore, costs amounting to RM50,000 were awarded to Datuk Mohd Asri. The court also granted an injunction requiring Mohd Nawawi to issue a public apology on his Facebook account within seven days, remove all defamatory posts, and refrain from making any future defamatory statements through the same platform.
Legal Proceedings and Defence

The lawsuit was initiated by Datuk Mohd Asri, who is also a lecturer, on October 10, 2024. He alleged that the four statements published by Mohd Nawawi were accessible to the public and implied negative associations with GISBH. In his defence, Mohd Nawawi denied the allegations, arguing that the claim was exaggerated and fabricated. However, after reviewing all evidence, the court found that the defence presented was insufficient to counter the established defamation in the first statement.

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Court awards Mufti RM250,000: Which statements were found defamatory?

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