Rafizi liable for defaming Salleh, Mkini awarded 50K cost

Rafizi liable for defaming Salleh, Mkini awarded 50K cost

The High Court said Salleh had proven his case on the balance of probabilities but dismissed his suit against Malaysiakini.

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KUALA LUMPUR:
The High Court today ruled that Pandan MP Rafizi Ramli defamed NFCorp and its chairman Mohamad Salleh Ismail on the National Feedlot Corporation scandal.

Judicial Commissioner Azizul Adnan Azmi allowed the defamation suit by Salleh. It ruled that he had proven his case on the balance of probabilities, the test of the burden of proof in civil cases.

The statement by Rafizi was indeed defamatory, added Azizul.

“A reasonable reader would read it as public funds being channeled to NFCorp inappropriately,” he said. “It would be read that funds were used to leverage for loans to buy properties.”

JC Azizul also found the bank documents, which Rafizi had relied on, did not justify his inference that the loans were made as leverage.

“If he has time to produce a press statement on the media conference, he has time to call Salleh to verify,” he said.

The tone of the press statement, said JC Azizul, did not call for an inquiry into the issue, but alleged misuse of funds.

However, the court dismissed Salleh’s and his company’s claim against news portal Malaysiakini.

“The reporting was done in a fair and neutral way,” said JC Azizul.

NFCorp and Salleh were ordered to pay RM50,000 cost to MKini.

The court awarded a total of RM200,000 damages to Salleh and his company. Rafizi was also ordered to pay cost of RM100,000 to Salleh and his company.

Salleh sued Rafizi and news portal MKini Dot Com Sdn Bhd in 2012 over statements the MP made during a press conference on the purchase of property at KL Eco City.

He claimed that Rafizi had made defamatory statements and caused his company to suffer losses as a result of lies, misleading information, and disclosure of confidential banking information.

Salleh sought general, exemplary and aggravated damages.

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