The Kuala Lumpur High Court today ordered author Khalid Jafri to pay former deputy premier Anwar Ibrahim RM4.5 million for conspiracy and the allegations made in his book 50 Dalil mengapa Anwar tak boleh jadi PM (50 Reasons Why Anwar Cannot be PM).

Justice Hishamudin Mohd Yunus said Anwar was to be compensated RM4million for the pain and distress suffered due to the allegations and another RM500,000 for conspiracy which led to his political downfall and loss of government office.

He also ordered Khalid and his wife Rozihan Abdul Ghani - owner of publishing house Media Pulau Lagenda - to pay for all legal costs involved in the case.

The ruling - said to be one of the biggest libel damages awarded in Malaysia in recent years - marked Anwar's second court victory this month after he secured an apology and undisclosed damages from ex-inspector general of police Rahim Noor who assaulted him in custody in 1998.

In deciding the quantum of damages, Hishamudin stated that among the factors considered was that the allegations in the book - which ranged from corruption, homosexuality and acting as an agent for the United States - was not only numerous but also vicious in nature.

He also took into account the circumstances surrounding the publication of the book, the motives and conduct of the defendant and the actual effect of the publication.

"There was malice on the part of the defendants, whose main purpose in publishing the book was to destroy the plaintiff's reputation and political career," he said in his brief judgment.

He said this purpose was achieved when Khalid and others who conspired with him had put copies of the book in the bags of delegates attending the 1998 Umno general assembly.

Vicious attack

"The plaintiff's political career was ruined as a result of the publication of the book. Faced with such a vicious and venomous public attack on his integrity launched by the defendants in cohort with others, the public humiliation and ridicule and the pain and mental distress suffered by the plaintiff and his family must be beyond description," he added.

The judge also considered the high government and political office held by Anwar at the time the defamatory allegations were made and the fact that there had been no apology from Khalid and his wife who have remained defiant until today.

Hishamuddin said he was aware that recent libel cases in Malaysia showed that the current judicial trend was no longer to award millions of ringgit in damages.

"However I am in agreement with the counsel for the plaintiff, that the facts and circumstances of this case are unique and hence the damages to be awarded must be reflective of the peculiarity of the case," he said.

The damages awarded must reflect the gravity of the allegations as well as the gravity of the consequences suffered by Anwar and his family, and also the loss of income and pension following his sacking from his ministerial posts.

He also explained that the aggravated damages - for defamation and conspiracy - were not meant to punish the defendants but to compensate the victim for the pain and suffering endured.

No comments

Anwar was still deputy prime minister and finance minister when he filed the suit in 1998 against Khalid and Rozihan.

Shortly after the book was distributed, Anwar was sacked for alleged sexual misconduct but he maintained that the accusations were part of a political conspiracy against him.

Meanwhile, Khalid's lawyer V Raja Singham declined to comment despite repeated attempts to seek his response.

Khalid - who was found guilty last month of publishing false news and jailed a year - was reported to be critically ill as a result of complications from chronic diabetes.