PKR vice-president Nurul Izzah Anwar today won her defamation suit against former inspector-general of police Khalid Abu Bakar and caretaker rural and regional development minister Ismail Sabri Yaakob over her meeting with self-styled Sulu princess Jacel Kiram.

The High Court in Kuala Lumpur ordered Khalid and Ismail to pay the incumbent Lembah Pantai MP RM400,000 and RM600,000 respectively.

Judicial commissioner Faizah Jamaluddin also ordered the pair to pay a total of RM80,000 in costs, and granted an injunction prohibiting them from repeating the defamatory words in any publication or broadcast. 

According to Faizah, Khalid had defamed Nurul Izzah when he told an audience at Bukit Aman mosque on May 22, 2015, that Nurul met with an enemy of the state that killed armed forces personnel.

As for Ismail Sabri, the judicial commissioner ruled that he committed libel on the same day, at a 'berkhatan' (circumcision) event organised by Bera Umno, of which he is the division chief. 

At the event, the caretaker minister has claimed that Nurul Izzah had committed treason and waged war against the Yang di-Pertuan Agong, and could be imprisoned under the Prevention of Crime Act 1959 and the Penal Code as a result.

"The statements had created adverse opinion and had lower estimation of the plaintiff, and resulted in her facing hatred and ridicule," said the judicial commissioner.

She added that the court cannot accept the submission brought by the senior federal counsel that the words "saya kira" (I think) and "saya anggap" (I feel) that Ismail Sabri used lowered the "sting" of defamation.

Faizah said both Khalid and Ismail Sabri should have known that Nurul Izzah had issued a statement three days earlier, on May 19, in which she noted her regret over the publication of photographs of her and Jacel in the media, which was taken at a forum she attended in the Philippines. 

The photographs were first uploaded by Jacel herself, which then resulted in public outcry and the comments from Khalid and Ismail Sabri. 

This led to Nurul Izzah filing suit in November 2015. 

Qualified privilege

It was also ruled that Khalid is protected by the defence of qualified privilege, as he said the defamatory words to reporters in his capacity as the inspector-general of police at the time. 

However, she ruled out the same defence for Ismail Sabri, as he attended the Bera event in his capacity as Umno MP, and not as a federal minister. 

Faizah also ruled that malice was committed by both Khalid and Ismail Sabri, as they had not sought clarification from Nurul Izzah despite her issuing her statement of regret days earlier. 

The judicial commissioner also ruled out their defence of fair comment on the same grounds. 

Proceeds going to families of victims

Commenting on the decision, Nurul pledged that the bulk of the amount she won will be channelled to the families of those who died in the Lahad Datu incursion in 2013.

"I feel vindicated as they made various allegations against me of treason. But I am a patriot.

"I feel very good that as we enter the 14th general election that we are mindful to practice clean and new politics. They had attacked me in Parliament by using the mainstream media," she said.

Lawyer Sivarasa Rasiah appeared for Nurul Izzah, while senior federal counsel Nur Mastura Ayob appeared for Khalid and Ismail.

Sivarasa said the decision is a good reminder from the courts that those in power, especially the IGP, should ensure that the comments they make are fair and not defamatory.