Former Selangor PAS commissioner Hasan Ali's statement in an interview with Utusan Malaysia - chiding PKR de facto leader Anwar Ibrahim for disputing Malaysian laws against homosexuality - is of "great public interest", the Kuala Lumpur High Court heard today.

Representing the daily in a RM150 million defamation suit by the PKR leader, counsel Firoz Hussein Ahmad Jamaluddin said that Utusan had a "duty to publish the matter" as it involves issues pertinent to the public.

"The matter is of great public interest. What Hasan said... for the Muslim and general Malaysian public, the issue of homosexuality and laws are of public interest.

"What politicians say (on this matter) is of public interest and it is not sensational news. Utusan had a right and duty to publish the comment," he said.

Firoz had said this while clarifying his written submission for Justice VT Singham, on the defense of qualified privilege.

NONE Anwar (at the centre) had sued Utusan Melayu (M) Bhd, which publishes Utusan Malaysia , and the daily's group editor Abdul Aziz Ishak, for alleged defamation in the Jan 17 article entitled 'Tolak Anwar - Hasan'.

The article featured Hasan's comments on Anwar's interview with the BBC where he opined that laws against homosexuality in Malaysia are "archaic" and should be "reviewed".

Acute senstivity unwarranted 

Firoz also said that Hasan's statement was "not excessive allegations" but a "form of comment" should not warrant such "acute sensitivity".

Asked by the judge if those reading the article would to lead to a fair conclusion on Anwar without reading the BBC interview, Firoz said readers could refer to the BBC website as the interview was referred to by Utusan .

"But what about the first impression if read? It's not for me to go and investigate (the BBC website)," the judge responded.

To this, Firoz said that not all readers of newspapers would know the complete background for each story and that those interested would have likely watched the BBC interview.

"(They) would have watched the BBC interview, as it came after (Anwar's) acquittal (of a sodomy charge) and a lot of people in Malaysia would have wanted to know his response," he said.

The lawyer also argued that the matter was published by Utusan on an urgent basis as news could go "stale" if held back for too long. He said Utusan only faithfully reported what Hasan had said.

Firoz also said that Hasan, in the article had interpreted Anwar's comments to BBC as that he would "permit" homosexuality by saying that laws should be reviewed so as to not seem "punitive".

The lawyer argued that not punitive, would mean an absence of punishment, can thus be reasonable argued to mean permitting homosexuality.

To this, the judge responded that making it less punitive could also mean allowing for a less severe punishment, as per drug trafficking offences where the court now no longer has to mete out mandatory death sentences.

T NONE his matched Anwar's lawyer N Surendran's ( right ) submission that Anwar had in the BBC interview referred to "harshness" of punishment and not absence of punishment.

Surendran had also submitted that the article was published in malice, as Utusan editor Zulkiflee Bakar had testified that the statement "could be true, or could not be true".

However, Firoz contended that defendant Abdul Aziz had testified that he was "confident that it is true" and that it seemed more likely that the plaintiff had malice against the Utusan.

He argued that if the plaintiff was truly "angered" by the statement made, he should have sued Hasan, but left the politician out of his civil suit.

"The tables can be turned to see if the opposition has (engaged in) sustained victimising of Utusan Malaysia for doing its duty of reporting...the good, bad and ugly," he said.

Judgment will be delivered on Jan 21.