SHAH ALAM - Pasir Salak MP Datuk Seri Tajuddin Abdul Rahman has lost his defamation suit against Shah Alam MP Khalid Abdul Samad, video portal KiniTV and The New Straits Times Press (M) Bhd (NSTP).
The suit was in relation to a series of press conferences which started when Tajuddin referred to Seputeh MP Teresa Kok as the only woman with a ‘Kok’ in Parliament and Khalid then responding to Tajuddin’s remark by calling him "sial” (damned) in 2016.
High Court judicial commissioner Datuk Seri Latifah Mohd Tahar dismissed Tajuddin’s suit today on grounds that the remark made by Khalid was not defamatory to him (Tajuddin).
"The court is satisfied that the statements made by the first defendant (Khalid) does not amount to defamation to the plaintiff (Tajuddin).
"The statement was made on fair comment, justification and qualified privilege,” she said making no order as to cost as the matter was of public interest.
She delivered the decision via email which was sent to the parties involved in the case, today.
Latifah said as for the other two defendants namely KiniTV and NSTP, the two had published the statement in a bona fide and truthful manner on issues pertaining to public interest.
She also noted that looking at the chronology of the case as a whole, the controversy sparked from the sexist remark made by the plaintiff against the Seputeh MP during a Parliament sitting.
Tajuddin’s remark, she said which was made while he was an MP and then Agriculture and Agro-based Industry Deputy Minister was unreasonable and had tarnished the image of the Parliament, being the highest institution in the country.
"The court is also of the view that freedom of speech and protection of reputation especially in a respected Parliament sitting should be given attention to, although there is immunity,” she said in her decision.
In her findings, Latifah said Khalid’s statement was not defamatory considering the context when it was uttered at that time.
The remark used by Khalid, she said was a result of provocation by the plaintiff himself.
Tajuddin filed the suit on April 26, 2017, claiming that Khalid had uttered defamatory statements, as well as using curse words, against him at two media conferences held by Khalid at the Parliament lobby on Nov 21 and 24, 2016.
Also named as defendants in the suit were video KiniTV and NSTP.
Tajuddin claimed that the first statement by Khalid was published in NSTP’s newspaper, the New Straits Times, with the title ‘Fury over Deputy Minister’s Remark’ on Nov 22, 2016, and the second statement by KiniTV on Nov 24, 2016.
He claimed that both the statements were also available on YouTube, which could be accessed by the public.
Tajuddin said the statements, among others, were intended to mean that he was not fit to be a parliamentary member, had acted against the teachings and culture of Islam, and also caused his family members to physically attack Khalid.
He had sought for an apology from all the defendants and for them to retract the alleged defamatory statement.
He had also sought for general, aggravated and exemplary damages, costs and other reliefs deemed fit by the court.
Kok recently spoke about how she felt when the incident happened on Politically Frank.