It is the end of the road for Umno-owned daily Utusan Malaysia, as the Federal Court today dismissed its leave to appeal to submit several questions of law on whether a previous conviction could be used to reduce quantum of damages to be paid to former opposition leader Anwar Ibrahim.

As a result of the apex court decision, Utusan has to pay RM200,000 in damages to the PKR de-facto leader.

Anwar sued Utusan over two articles the Malay daily had published with regard to his comments to the BBC when he was interviewed about homosexual laws.

The three-member panel chaired by Federal Court judge Hasan Lah dismissed the leave application.

“We are unanimous in the decision. There is no merit in the application under Section 96 of the Court of Judicature Act,” he said.

The other two judges are Federal Court judges Justice Abu Samah Nordin and Zaharah Ibrahim.

The court also ordered Utusan to pay RM10,000 in costs.

Utusan was trying to appeal on the quantum by raising the issue of previous conviction to reduce the sum of damages to be paid.

The Umno owned daily represented by Wan Azmir Wan Majid, raised two questions of law to be considered for leave:

  • Whether a judgment in the criminal court can be used under Section 52 and Section 55 of the Evidence Act 1950, to bring an effect on the estimation of damages;
     
  • Whether the general reputation stated under Section 55 of the Evidence Act, also includes previous conviction or knowledge of previous conviction.

Anwar's lawyers Latheefa Koya and Shahid Adli Kamaruddin, told the court that the law is settled in the awarding of damages based on the reputation of a person.

Irresponsible journalism

The PKR de-facto leader named Utusan and its editor-in-chief Abdul Aziz Ishak as the respondents.

It was reported that on May 25, the Court of Appeal had also dismissed Utusan's appeal against having to pay RM200,000 damages to Anwar.

Kuala Lumpur High Court judge, Justice Hue Siew Kheng, ordered the daily to pay Anwar RM200,000 in damages.

In 2013, then KL High Court judge, the late VT Singham, ruled that Utusan was liable to pay damages for misquoting Anwar in the interview in 2012, that he supported lesbians, gays, transexuals and bisexuals.

Singham, who delivered the decision before his retirement, took the daily to task for failing to practise responsible journalism.

"Anwar's statement has been taken out of context by the daily, as in the BBC interview with the plaintiff, it was crystal clear that he was not supportive that homosexual, lesbian and transgender activities should be legalised.

"The (Utusan) article published is incorrect, distorted and taken out of context, and it cannot be reconciled.

“The purpose the article was published was to say Anwar was condoning it. The defendants have not acted professionally in publishing a correction when a legal letter was sent a week after the publication by Anwar's lawyers, and have ignored altogether to publish an apology," the judge had said in his written judgment.

Singham passed away earlier this year.