Kuala lumpur: The Court of Appeal here today dismissed the appeal by Kepala Batas MP Dr Siti Mastura Muhammad against the Penang High Court's decision ordering her to pay damages, including costs, totaling RM825,000 for defaming three DAP leaders by linking them to Communist Party of Malaya leader, Chin Peng.
According to BERNAMA News Agency, a three-member bench led by Datuk Ahmad Kamal Md Shahid, along with Datin Paduka Evrol Mariette Peters and Datuk Seri Latifah Mohd Tahar, dismissed the appeal by Siti Mastura after finding that it was without merit. Delivering the unanimous decision, Justice Ahmad Kamal stated the appellate court affirmed the entirety of the High Court's judgment delivered on December 4, 2024, which included the award of global damages and costs totaling RM825,000.
On January 23, 2025, Siti Mastura settled the payment of RM830,034.75 in damages and legal costs (including interest) to DAP veteran Tan Sri Lim Kit Siang, DAP advisor Lim Guan Eng, and Seputeh MP Teresa Kok Suh Sim. Justice Ahmad Kamal, who delivered today's decision via Zoom, also mentioned that the court found no merit in the plaintiff's cross-appeal (DAP leaders).
Justice Ahmad Kamal stated that the High Court's judgment on liability and its assessment of damages was correct, well-reasoned, and based on a proper evaluation of the facts and the law. Both the appeal and the cross-appeal were dismissed, with no order as to costs. On December 4, 2024, Penang High Court Judge Datuk Quay Chew Soon ordered Siti Mastura to pay RM300,000, RM250,000, and RM200,000 respectively to Kit Siang, Guan Eng, and Teresa, along with RM25,000 in costs to each of the trio.
Justice Ahmad Kamal, when reading out his broad judgment, noted that Siti Mastura's challenge against the finding of defamation failed. He explained that the words complained of referred to the plaintiffs and were published to a third party. The High Court's analysis determined that Siti Mastura's speech went beyond political criticism, making allegations linking the plaintiffs to Chin Peng. In Malaysian society, labeling someone as affiliated with a banned Communist Party or a threat to national security is considered defamatory, affecting a person's loyalty, integrity, and reputation.
Siti Mastura relied on the defense of qualified privilege, claiming her duty as a politician during an election campaign to inform her party about the ideologies and backgrounds of opponents. However, Justice Ahmad Kamal found this defense unsustainable, as it lacked the essential requirement of an honest belief in the truth of the publication. The defendant did not verify the accuracy of the statements before publication, failing to seek the plaintiff's side of the story. This omission demonstrated a lack of care and diligence, nullifying the defense of qualified privilege.
The court also found no error in the High Court's finding on malice, noting that Siti Mastura neither apologized nor retracted her statements despite given opportunities. Her failure to contact the plaintiffs to verify her claims before publication was viewed as a wilful disregard for the truth, the essence of malice. The suits, filed separately by the three plaintiffs on November 27, 2023, stemmed from remarks made by Siti Mastura during a political talk while campaigning for the Kemaman by-election. The plaintiffs alleged that Siti Mastura made defamatory claims linking them to the Communist Party and its leader Chin Peng, as well as Singapore's founding prime minister Lee Kuan Yew.
At today's proceedings, Siti Mastura was represented by lawyers Yusfarizal Yussoff and Mohd Faizi Che Abu, while Kit Siang, Guan Eng, and Teresa were represented by lawyer Datuk Sankara Nair.