PERIKATAN Nasional (PN) chairman Muhyiddin Yassin, who as a former prime minister, should not have issued statements that could stir up voters’ sentiments, Anwar Ibrahim said in his reply to Muhyiddin’s defence against his defamation suit.

The current prime minister said this was even more so when the Bersatu president made a hostile statement while campaigning in Padang Serai ahead of the last year’s federal polls.

Anwar, the Pakatan Harapan (PH) chairman, alleged that Muhyiddin’s statement was malicious.

HE said that the Pagoh MP should have known that the former, years ago in parliament, had rebutted the allegations of him (Anwar) receiving RM15 million for serving as Selangor economic adviser.

“The plaintiff avers that as a veteran politician and former prime minister, the defendant ought to have known that it is undesirable to make public statements that have a tendency to inflame and promote feelings of ill will, discontent or hostility between persons and candidates, to induce any elector or voter before, during and after an election, more so when such statements are defamatory and malicious in nature.

“Nonetheless, the defendant had proceeded to make the same (impugned slanderous and/or libellous words) via his speeches in an election campaign, which are clearly indisputably a contravention of the Election Offences Act 1954,” Anwar said in the reply sighted by news portal Malaysiakini.

Anwar claimed Muhyiddin could have accessed the publicly available parliamentary Hansard record before making the allegation.

No legal duty

The PKR president contended that Muhyiddin has no legal duty to issue allegedly false and malicious statements in the Padang Serai constituency, which is not even the latter’s parliamentary constituency.

Although the defendant may enjoy freedom of speech, in accordance with article 10 of the Federal Constitution, the plaintiff said this fundamental right is qualified and is still subject to various restraints such as the Defamation Act 1957.

In his statement of defence filed at the High Court in Kuala Lumpur on January 17, Muhyiddin claimed among others that Anwar as prime minister should not be offended by legitimate criticism and queries during political speeches. Anwar filed his reply on February 16.

On December 20 last year, Anwar filed a defamation suit against Muhyiddin over the latter’s statement, purportedly made during the PN grand finale ceramah on December 5 in Padang Serai.

Through the suit, Anwar rubbished the allegation as slanderous, false and disparaging against him, as well as one made with malice.

Through the civil action, the plaintiff seeks general, compensatory, aggravated and exemplary damages and an injunction to restrain the defendant from further uttering or publishing the allegation, among other reliefs.

On December 7 last year, the Selangor menteri besar’s office refuted Muhyiddin’s claims, saying Anwar was only paid a symbolic RM1 per month during his advisory stint.

Anwar is represented by lawyer Sankara Nair, while the law firm Chetan Jethwani & Company is acting for Muhyiddin. – April 20, 2023.