Not legally wrong, but distasteful to turn to crowdfunding to pay defamation bills

SHAH ALAM – While it may not be legally wrong for politicians to raise funds from the public to bear the cost of their legal tangle, it is distasteful.

Legal practitioners said this was because some of the politicians who were financially capable also hopped on the wagon to squeeze out money from generous Malaysians.

Recently, DAP launched an online fundraiser to help two of its members who were former Damansara MP Tony Pua and Puchong MP Yeo Bee Yin pay damages and costs amounting to RM400,000 in a defamation suit.

Lawyer Fatihah Jamri said the public donation was not illegal as money was being channeled to the party’s account and not the personal accounts of the defendants.

However, she perceived the act as “unethical” and in fact, “very weird”, noting that the main purpose of a compensation in a defamation suit was not only to compensate the plaintiff, but also a form of vindication for the plaintiff.

"I agree that what was done is not illegal because the collection was channeled through the Damansara DAP account and not to a personal account and as a political party, I am sure that the DAP bank account can accept public donations.

“However, the sense of redeeming the good name (by the plaintiff) would not exist if the one who paid was not the defendants, but the public.

“It is as if they (public) were the ones who should make up for the defendants’ mistakes,” she told Sinar Daily.

Fatihah also pointed out that the defendants would not have learnt a lesson from the case against them since they did not have anything to lose in the case.

She added that the defendants might even repeat making defamatory remarks if they were not the ones to cough up their own money to pay for the compensation.

“What did the defendants learn and lose from this case? Nothing, right?.

“So they can do it again and again to anyone in the future because they know that even if they lost in court, they have nothing to lose,” she said.

Meanwhile, lawyer Alex Netto said he found that the fundraiser launched to help pay for the damages the defendants have to pay in the suit was not morally repugnant or reprehensible as they were sourcing funds to settle a debt that they have rightfully incurred through a court order.

He said although the act was not legally wrong or breached any particular legislation, the issue was whether it was ethical as they were sourcing funds from the public when they have the means to settle the payment.

He added that he would not consider the fundraiser to be an exploitation.

“If you are going to ask for funds from the public, I would not consider that to be exploitation so long as you make a full declaration of how these funds are going to be used and if there is going to be excess in funds collected, what are you going to do with it.

“It may become a form of exploitation when the sourcing has reached its collection target, yet it is not disclosed which can lead to people feeling exploited, cheated and they may not be so giving,” he said when contacted.

Noting that Malaysians are a kind and generous citizens, the lawyer suggested that in order to instil trust and avoid any accusation of wrongdoings or misappropriation, it was best to provide a full and truthful disclosure as to how the money was going to be used.

“If you have reached your ultimate target and you are able to pay off your court incurred debt, go ahead.

“If there is an excess, you need to be transparent as to where that money is going to and what will it be used for so that there cannot be any casting of aspersions or casting of any doubts as to what the money was used for,” he said.

On Nov 30, the Shah Alam High Court ordered Pua and Yeo to pay a total of RM350,000 in damages for defaming former MCA secretary general Datin Paduka Chew Mei Fun.

Pua will have to pay RM250,000, while Yeo has to pay RM150,000.

The suit filed by Chew against the defendants in 2018 was in relation to the duo's allegation that she bought land in Kampung Cempaka in 2007 at below the market price.

Pua and Yeo were also ordered to pay costs of RM50,000 to Chew.