Defamation suit: Muhyiddin to remove social media postings

Ex-premier Muhyiddin Yassin will remove social media postings in compliance with today’s civil court ruling finding him liable for defamation against ex-finance minister Lim Guan Eng.

However, the Pagoh MP reiterated that he would proceed with an appeal to overturn the ruling favouring the Bagan MP.

“While I respect the decision of the court, I am very disappointed in the outcome. I have instructed my lawyers to appeal against the decision as I believe that my statements were not defamatory and that I have a good defence to the claim and that the amount that was awarded by the court was excessive.

“In compliance with the decision of the court, I will be removing the postings that are the subject matter of this action from my Facebook and social media accounts,” Muhyiddin said on his official Facebook account this afternoon.

Earlier this morning, the Kuala Lumpur High Court ruled Muhyiddin defamed Lim Guan Eng over the issue of the revocation of Albukhary Foundation’s tax exemption status.

Judicial commissioner Roz Mawar Rozain ordered Muhyiddin to pay RM1.35 million in damages to Lim.

She said the Bersatu president made no attempt to verify the statement before issuing it, and that the allegation was baseless.

Roz pointed out that Lim’s testimony - that he never issued any circular to revoke the foundation’s tax-exemption status - was unshaken during the full trial.

She noted that the defendant’s own witness - an officer from the Finance Ministry - confirmed that Lim during his tenure helming the ministry never issued any letter to that effect.

“The statement is not only false but potentially harmful in a nation of a multicultural society,” Roz said, adding that the allegation was serious as it implied that the DAP chairperson committed an abuse of power involving an Islamic charitable organisation.

She pointed out that Muhyiddin had resources at his disposal to double-check the veracity of his statement, adding that the language of his words provoked racial sentiments.

Roz said as a result, the court could not accept Muhyiddin’s cited defence of justification and fair comment, among others.

Order to retract

Lim’s defamation suit is over the claim that the former minister greenlit the tax-exemption status during the first Pakatan Harapan administration.

The civil court’s breakdown of the damages is RM350,000 for each of the three statements leading to RM1.05 million in general damages, plus RM150,000 for aggravated damages and RM150,000 for exemplary damages (which totals RM1.35 million).

The judicial commissioner issued an order for Muhyiddin to retract all three defamatory statements from all of his social media accounts immediately.

She further gave an injunction to prevent Muhyiddin from further repeating the statement.

Roz also ordered Muhyiddin to pay RM50,000 in costs to Lim.

Suit details

Lim was suing over Muhyiddin’s statement made to the media after the latter was summoned by MACC on March 9 last year.

Lim was finance minister during the Harapan administration between May 2018 and February 2020, while Muhyiddin headed the Perikatan Nasional administration from February 2020 to August 2021.

On March 27 last year, Lim filed a writ of summons against Muhyiddin.

A month later, through his statement of defence, Muhyiddin contended that Lim has to prove in court that the Finance Ministry did not revoke the tax exemption status.

The Perikatan Nasional chairperson also claimed that Prime Minister Anwar Ibrahim’s statement in Parliament - that there were no records of Lim revoking the foundation’s tax exemption status - was “wholly irrelevant” and a mere deflection so that Lim would not be held accountable for the Inland Revenue Board decision on the issue.

In his reply to Muhyiddin’s defence, Lim questioned why Muhyiddin did not raise the issue of the alleged tax exemption revocation when they were both part of then-premier Dr Mahathir Mohamad’s cabinet.

Muhyiddin was the home minister during the Harapan administration from 2018 to 2020.

Lawyer Guok Ngek Seong appeared for Lim. Counsel Chetan Jethwani acted for Muhyiddin.

Muhyiddin ordered to pay Guan Eng RM1.3m defamation damages

Muhyiddin applies to transfer sedition case to High Court

MOF officer: No letters show Guan Eng revoked Albukhary tax status

Albukhary Foundation tax issue: I didn't defame Guan Eng - Muhyiddin

Guan Eng: Albukhary Foundation tax exemption never came to my desk

'Muhyiddin's govt cancelled Albukhary Foundation's tax exemption'