THE Kuala Lumpur High Court today dismissed a defamation suit by Pertubuhan Ahli Sunnah Wal Jamaah Malaysia president Zamihan Mat Zin against Perlis Mufti Dr Mohd Asri Zainul Abidin.

High Court judicial commissioner Dr John Lee Kien How ruled that the plaintiff failed to prove the publication of defamatory statements against him via the two articles in question because he did not present witnesses to confirm the defendant’s remarks.

“The two articles cannot be referred to and considered by the court, therefore there is no evidence to confirm the publication of the articles,” he said during virtual proceedings.

Lee said Zamihan claimed that the defendant had provided statements to reporters who proceeded to write and publish the articles, adding that the authors of the articles should have been called to confirm their writings for the publications to be accepted, referred to and considered by the court.

“Unfortunately, the plaintiff did not call the witnesses to prove the existence of the articles,” he said, adding that he dismissed the claims with an order of RM40,000 as to costs.

Zamihan, who was unrepresented, was present during proceedings. Also in attendance was Asri and his two lawyers, Faizal Rahman and Fatima Zulaikha Ahmad Bashri.

The trial took place for six days beginning July 4 with the plaintiff calling three witnesses and the defendant six witnesses.

In his statement of claim, Zamihan said Asri issued defamatory statements against him twice through an article titled “Bukan Perlis Sahaja” published on October 14, 2018, and at a forum titled “Siapa Pengganas & Potensi Salahguna Kuasa” at the Petaling Jaya Civic Centre on February 9, 2019.

The plaintiff claimed that Asri’s remarks were published on the Malaysiakini news portal and that the defamatory statements directly refer to his career, and position in addition to implying that the plaintiff has no integrity, and is a liar, adding that the remarks also mislead the public.

Zamihan sought for general damages of RM2 million, aggravated damages, exemplary damages, an apology from the defendant and other reliefs deemed appropriate by the court. – Bernama, September 30, 2022.