THE Court of Appeal affirmed a high court’s finding that a former religious school principal in Kelantan was liable for defaming former Amanah vice-president Husam Musa on Facebook.

A three-man panel comprising Suraya Othman, Mohd Sofian Abd Razak and Lee Heng Cheong dismissed Masri Che Yusoff’s appeal on liability with costs of RM15,000.

“We are of the view that the learned judge was not plainly wrong in his findings and decision. Accordingly, we find no merits in the appeal and we dismiss the appeal with costs,” said Suraya, who chaired the panel.

In the court’s decision, Suraya said the high court judge had made a finding that the statements were defamatory.

She said in his grounds of judgment, the high court judge stated that the statements meant that Husam had a personal interest in three lots of land and had committed misappropriation, breach of trust of his position as Kelantan executive council member by acquiring the land for his personal interest.

In June 2018, the Kota Baru High Court allowed Husam’s claim against Masri, who is also a former member of Kelantan PAS’ Dewan Ulama, and ordered for damages to be assessed by the deputy registrar. Husam filed the defamation suit against Masri on October 27, 2015.

In November 2019, the deputy registrar awarded RM50,000 in damages to Husam but he appealed to the high court, which had in February this year increased the sum to RM150,000.

Masri’s appeal hearing today was against the high court’s decision on liability.

Suraya said since Masri did not file the appeal on the quantum of damages, the sum of RM150,000 remains.

When contacted, lawyer Yusfarizal Yussoff, who represented Masri said he will seek his client’s instruction on whether to bring the matter to the Federal Court. – Bernama, September 22, 2021.