A High Court’s order that Utusan Melayu (Malaysia) Berhad pay RM60,000 in damages to Shah Alam member of Parliament Khalid Abdul Samad over a defamatory article published in its newspaper, has been upheld.  

A Federal Court five member panel, led by Chief Judge of Sabah and Sarawak Richard Malanjum, dismissed Utusan Melayu’s application for a review of a Court of Appeal decision which upheld the High Court’s decision.   

The panel, comprising Federal Court judges Hashim Yusoff, Ahmad Maarop, Hasan Lah and Jeffrey Tan Kok Wha, also ordered Utusan to pay RM10,000 in legal costs to Khalid.  

Utusan Melayu, represented by lawyer Mohana Kumar, contended that there was injustice, saying the Court of Appeal had deprived the company of its right for an extension of time to file its application for leave to appeal (against the High Court’s decision) as provided under Rule 16 of the Court of Appeal Rules 1994.  

Lawyer Azhana Mohd Khairudin representing Khalid, meanwhile submitted that there was no injustice caused to Utusan Melayu.  

Khalid sued Utusan Malaysia and Mingguan Malaysia group editor-in-chief Aziz Ishak and the publisher of Utusan Malaysia and Mingguan Malaysia , Utusan Melayu over the publication and printing of defamatory words against him on the front page of Utusan Malaysia on Sept 11, 2009.

The applicants, in their statement of defence, stated that the publication was based on a commentary by Kulim-Bandar Baru member of Parliament, Zulkifli Noordin, in his blog on Sept 9, 2009.   

On Sept 30, 2011, the Kuala Lumpur High Court allowed Khalid’s civil suit and held that Khalid had proven that he was defamed by the applicants in an article entitled ‘ Zulkifli bidas Pak Janggut ’ (Zulkifli Admonishes Bearded Man).

On Oct 14 2011, the Kuala Lumpur High Court, after assessing damages, awarded the amount to Khalid.  

On May 24, last year, the Court of Appeal dismissed Utusan Melayu’s appeal and allowed Khalid’s application to strike out the same on the grounds that it was incompetent as it had failed to comply with Section 68 (1)(a) of the Courts of Judicature Act 1964.

- Bernama