The High Court in Kuala Lumpur today struck out the defamation suit cabinet minister Jamil Khir Baharom filed against National Oversight and Whistleblowers (NOW) director Akmal Nasrullah Mohd Nasir.

The lawsuit was filed over Akmal's comments alleging the minister in the Prime Minister's Department was abusing funds meant for orphans and the poor.

Justice Nor Bee Ariffin cited the Pahang menteri besar Adnan Yaakob vs Utusan Malaysia decision made by the Court of Appeal as a basis for the decision, which was made in chambers.

The appellate court had ruled that public figures who hold public office cannot sue the media for defamation.

Although Jamil filed the suit in his personal capacity, the judge today pointed to various instances in his statement of claim where the words he complained of referred to him as a minister, Akmal's lawyer Razlan Hadri Zulkifli said.

"The judge cited several paragraphs in the statement of claim where the action - although it was filed in his personal capacity - specifically referred to Jamil as the minister.

"The court found that the sting of defamation, from the words complained of, were in Jamil's capacity as a minister.

Court awards costs of RM3,000

"Following this, the court allowed the application to strike out the suit," Razlan said, adding that the court also awarded costs of RM3,000.

A minister, as a public servant, cannot sue anyone in his or her official capacity over criticisms made.

Lawyer Adnan Seman, who is representing Jamil Khir, said he would seek instructions on whether to appeal the decision or not.

Jamil Khir filed the suit on Nov 19 last year, basing it on Akmal’s statement that the minister had abused funds of Yayasan Pembangunan Anak Yatim dan Miskin (Yapeim).

The money was for the poor and orphans, but Jamil had used the funds to go golfing and shopping in the United States instead, Akmal had said.

The minister in his statement of claim said Akmal, who is PKR Johor Bahru division chief, made the statement to the media on Nov 14 and also put it up on NOW's Facebook, which led to thousands of people clicking on it.

The allegations made, Jamil said, painted the picture that he is not honest, had betrayed the people's trust and that he had abused the orphans' fund for his personal interests and to enjoy himself overseas.

The minister said the statement by Akmal also showed that he is corrupt, cannot be trusted, was wasting the orphanage's and the poor people's funds, does not have principles and ethics and that he is not a good Muslim.

These allegations had tarnished his reputation and resulted in serious injury to his good name as a minister looking after Islamic affairs in the country, for which Jamil sought general, aggravated and exemplary damages.

Akmal in his defence argued that Jamil Khir cannot sue him in his capacity as a cabinet minister.