KUALA LUMPUR, Dec 23 — The High Court here today dismissed a defamation suit filed by Segambut MP Hannah Yeoh against former inspector-general of police (IGP) Tan Sri Musa Hassan over remarks he made during a forum at Universiti Teknologi MARA (UiTM) four years ago.
Judicial Commissioner (JC) Arziah Mohamed Apandi ruled after finding that the plaintiff had failed to establish that the defendant’s (Musa) statements were defamatory.
"I find that in this case, the occasion (where the forum was held) to be privileged, no malice was proven and that defendant had reasonable grounds for his statements based on the plaintiff's admissions and writings (in her book ‘Becoming Hannah’) and the publication (of defendant's statements) was beyond his control," she said.
JC Arziah added that the constitutional right to freedom of expression must be robustly protected, especially in matters of public interest and statements made during privileged occasions.
“While responsible speech is important, public figures must expect and tolerate robust criticism and debate regarding their public statements and actions.
"For these reasons, the plaintiff's claim is dismissed, with costs of RM40,000,” she said when delivering today's decision via email.
JC Arziah said the defendant was merely an invited speaker and was unaware that the forum would be broadcast. He only learned about the Facebook Live streaming at the end of the event.
“He had no control over publication. The publication statistics reveal less than one per cent engagement rates, no negative comments directed at the plaintiff, and no evidence of widespread dissemination. The publication was clearly by UiTM, not the defendant and he had no control over it," she said.
The statements were made at a forum discussing national security issues, where the defendant, as the former IGP, spoke about perceived security threats.
“The forum was organised by UiTM's Institution of the Malay Rulers Chair, lending it institutional credibility. The defendant, as the former IGP, had a moral and social duty to speak on matters affecting national security, and the audience had a corresponding interest in receiving such information.
“Importantly, there is no clear evidence of malice, as the defendant based his statements on academic analysis (lecturer Kamarul Zaman Yusoff), spoke within the context of broader national security concerns, and had no control over the publication of his remarks.
“The constitutional right to freedom of expression and the public interest in allowing robust debate about national importance,” JC Arziah said.
Meanwhile, when contacted, Yeoh's counsel Lim Wei Jiet said he had instructions to appeal against the decision and would do so immediately.
In 2020, Yeoh, currently the Youth and Sports Minister, filed a suit against Musa over statements made during a forum at UiTM on January 30, 2020.
She claimed that, in his speech, Musa, among other things, accused her of writing her book ‘Becoming Hannah’ to turn Malaysia into a Christian nation, of having connections with evangelists and Jews to undermine Islam and Malaysia, and of prioritising her personal interests over the nation's.
Yeoh argued that Musa's statements in his speech were untrue, false, and unfounded and that they were made with malicious intent to tarnish her good name and reputation.
Meanwhile, in a statement through his law firm Messrs Azam Aziz & Co, Musa expressed his gratitude for today's decision and and thanked all those who had supported him.
He emphasised that he would continue to speak out in his capacity as the former IGP on matters of national interest and would remain committed to defending the country against any internal or external threats, per the Federal Constitution.
— Bernama
