Parti Pribumi Bersatu Malaysia (Bersatu) president Muhyiddin Yassin is seeking to strike out an RM10 million defamation suit filed by a former party member on the grounds that the general damages claim for that amount is misconceived.

Muhyiddin's lawyers Bahari Yeow and Muhammad Faizal Faiz Mohd Hasani also said there must also be proof of special damages caused by the defendant's action, and that the amount of general damages should not be qualified.

“It is trite (law) that slander is not actionable per se unless there is proof of special damages which must be pleaded, caused by the natural, direct and reasonable result of the defendant's action. Here, it is not pleaded.

“Hence, it discloses no reasonable cause of action, (nor is it) scandalous, frivolous and vexatious,” they told Kuala Lumpur High Court judge Justice Nik Hasmat Nik Mohamad in chambers in their submission.

Bahari and Faizal further said the claim made by former Negri Sembilan Bersatu chief activist Mohd Anas Sudin (centre in photo) is defective, misconceived and is bound to fail, as it does not fall within the realm of defamation.

This follows, they added, that the words attributed, does not denote commission of a crime, nor does it calculate to disparage the plaintiff of any office he holds, as well as profession or business he possessed.

“The plaintiff no longer holds any position in Bersatu and his reliance on his former position does not exclude him from proving special damages. Hence, Section 5 of the Defamation Act does not apply,” the two lawyers added.

Meanwhile, the lawyer for Anas, Hazwan Mohd Nor told reporters there was no denial made by Muhyiddin that the defamatory statement was made and that he had admitted to uttering it.

Upon hearing the submissions, Justice Nik Hasmat fixed Jan 19 to deliver her decision.

Anas had in June, filed an RM10 million defamation suit against Muhyiddin, after claiming the latter had remarked that he (Anas) was a former PKR member and that the remark had affected his reputation deeply.

Muhyiddin was reportedly responding to Anas's claim that 500 members from the Negeri Sembilan Bersatu had left the party after not being satisfied with Muhyiddin's leadership.

Anas, in a press conference, when filing the suit, claimed that he was a former member of Umno and Perkasa before joining Bersatu September last year.