Justice Hasnah Mohammed Hashim said the report was an absolute privilege available to Zahida Mohamed Rafik.
“The evidence adduced plainly shows that the impugned words in the article (Harian Metro report) were in fact nothing more than a regurgitation of the words in the police report,” she said in the written judgment made available on the judicial website.
The actress had made the report on Feb 29, 2012, on the alleged incident but repeated its contents to a Harian Metro reporter, resulting in a defamation suit by her former employee, Noor Azman Azemi.
“We are, therefore, of the considered view that the publication of the impugned article in Harian Metro would enjoy the protection of absolute privilege,” she said in the 25-page judgment
On May 16, the bench reversed the findings of a High Court that Zahida had defamed her ex-driver who allegedly absconded with the money.
The three-woman bench led by Lim Yee Lan also allowed a counter claim by Zahida that Noor Azman return the money to her.
The other judge on the bench that delivered the unanimous ruling was Badariah Sahamid.
On Feb 26, 2015, High Court Judge Hue Siew Kheng ordered Zahida to pay Noor Azman RM150,000 in damages for defamation and RM40,000 in costs.
Hue said the former driver had proved all the ingredients of defamation on the balance of probability.
The trial judge also dismissed Zahida’s counter claim for the return of the RM200,000.
Noor Azman had filed the suit against Zahida in 2013 over the Harian Metro article titled “Zahida Rafik Terkedu”, which gave the impression to the public that he was a thief, a person who does not have a good reputation and with no morals.
Hasnah said Zahida had pleaded that she had received RM243,000.00 in cash on Feb 28, 2012, from Shaheful Ardan Adenan as commission from a business transaction between them.
“The defendant (Zahida) had adduced evidence of her source of income and explained in cross examination her source of payment,” she said.
Hasnah said during cross-examination, Noor Azman admitted that Zahida definitely had more money than RM243,000.
“No evidence was adduced by Noor Azman to prove that the intention of her filing the police report was because he knew of her alleged affair with a minister,” she said.
Hasnah said the trial judge also failed to consider the veracity and credibility of Noor Azman, especially his conduct after he failed to return to work.