Defamation: Court orders Ramasamy to pay over RM1m to Zakir

The civil court ordered former Penang deputy chief minister II P Ramasamy to pay over RM1 million in defamation damages to Islamic preacher Dr Zakir Naik.

The Kuala Lumpur High Court this morning allowed the two civil actions by the Indian national against the former DAP member, resulting in total damages of RM1.45 million.

In 2019, Zakir (above, right) filed two separate suits against Ramasamy over the latter’s public statements: one linked to the preacher’s controversial ceramah at Kota Bharu, Kelantan, on Aug 8, 2019; and the other in relation to the 2019 mass arrests linked to alleged attempts to revive the defunct militant group Liberation Tamil Tigers of Eelam (LTTE).

During open-court proceedings today, judge Hayatul Akmal Abdul Aziz ruled that all three elements of defamation have been proven by Zakir for the five public statements made by Ramasamy.

The judge said Ramasamy failed to show he was entitled to the defence of justification and fair comment.

“After considering the parties’ arguments and evidence at the trial, I find that Ramasamy evidently could not prove the truth or appropriate justification for the publication of his impugned statements that defamed Zakir,” Hayatul said.

“Sans compelling evidence to establish the truth or justify the impugned defamatory statements, the defences taken by Ramasamy must necessarily fail.

“The defence offered by Ramasamy is indeed without merit and untenable.

“The animosity and malice in the unrelenting personal attacks of Zakir in those impugned statements by Ramasamy occurred and lasted from April 10, 2016 to Nov 8, 2019 (approximately three and a half years),” Hayatul noted.

The damages include RM1 million for general damages, RM100,000 for compensatory damages, RM100,000 for aggravated damages, and RM250,000 for exemplary damages.

As Ramasamy looked on from the public gallery of the court, Hayatul ordered him to pay RM70,000 costs to Zakir.

The civil court judge directed the defendant to pay the damages, quantum and costs within 30 days from today.

Hayatul also ordered Ramasamy to make a public apology to Zakir.

Towards the end of proceedings, Ramasamy’s counsel Razlan Hadri informed the court they would file an application to stay the need for the defendant to apologise to Zakir, pending their appeal to the Court of Appeal.

Counsel Akberdin Abdul Kader represented Zakir, who followed the open-court proceedings via Zoom from Nigeria.

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