Court orders Papagomo to pay RM280k damages to Guan Eng, son for defamation

The Kuala Lumpur High Court has ordered blogger Wan Azri Wan Deris to pay RM280,000 in damages to Lim Guan Eng and his son for defamation.

This was over the blogger, known as Papagomo, alleging in a statement that Guan Eng’s son, Clint, had been detained at Singapore’s Changi Airport on Feb 29, 2020, for bringing in RM2 million in cash without proper declaration.

In his ruling on the suit filed on Oct 15, 2020, judge Roslan Mat Nor ordered Wan Azri to pay RM200,000 in damages and RM30,000 in costs to Guan Eng, and RM80,000 in damages and RM10,000 in costs to Clint.

The judge said evidence adduced during the trial showed that the defendant was the individual who managed the Facebook page where the statement was published.

Roslan also dismissed the defendant’s contention that the suit filed against him was politically motivated.

“What is more important is that the court has to focus on the defamation issue and not be influenced by political issues or external influence.

“The decision must be based on evidence adduced in this court,” the judge said.

Poster shares responsibility

The court also did not accept Wan Azri’s defence of justification and fair comment, or that the allegations were not originally from him and that he merely republished a third-party report.

“Can a person who republishes a post on social media rely on the defence of justification merely because of the availability of social media platforms?

“In the court’s view, a person who republishes a post bears the same responsibility as the party who originated the publication.

“Therefore, such a person cannot simply escape liability. As such, it is important that individuals who receive statements whose truth cannot be verified do not republish them indiscriminately,” Roslan said.

Guan Eng and Clint filed the suit against Wan Azri following the publishing of the statement in question on the “Papa Azri” Facebook page, which the court later ascertained was a fan page of Wan Azri’s.

The father-and-son duo claimed that the statement was a lie that had tarnished their reputations and sought special, general, aggravated, and exemplary damages as well as costs and other relief deemed fit by the court.

Lawyers Simon Murali appeared for Guan Eng and Clint, while Logen Eskandar represented Wan Azri in today’s proceedings. 

Wan Azri told Malaysiakini, when met with his lawyer outside of court, that they will file for a stay of execution and an appeal against Roslan’s decision.

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