Defamation requires that the statement be interpreted in context; slander can be actionable even without proving special damages if it conveys dishonesty impacting one's office.

Introduction

[1] In recent years, this island state of Penang has undergone rapid development. There is even more development in the pipeline. In consequence there to, there seems to be a notable rise in defamation actions amongst politicians too. This is one of them brought by four opposition politicians against a state executive councilor of Penang.

[2] The First to the Fourth Plaintiffs here are the Penang UMNO member of parliament for Tasek Gelugor, state assembly woman for Telok Ayer Tawar and Penang state opposition leader, state assemblyman for Permatang Berangan and state assemblyman for Sungai Dua respectively. Save for the Second Plaintiff, aseasoned politician who has been elected as state assembly woman since 1999 and had served as a state executive councilor, the rest of the Plaintiffs are newcomer politicians elected at the 13th general elections in 2013.

[3] The Defendant is the Penang PKR state assemblyman for Seberang Jaya and there after appointed as a state executive councilor. He is also a newcomer politician elected at the 13th general elections in 2013.

[4] The Plaintiffs' claim against the Defendant here is based on slander uttered by him at a public gathering lecture held on 17 April 2014. Besides denying the Plaintiffs' claim, the Defendant retaliated by making acounter claim against the Plaintiffs based on libel published in two on-line articles related to the Plaintiffs' claim.

Preliminaries

[5] The trial of this action before me took 2 days on 15 December 2015 and 15 February 2016.

[6] The trial documents were marked as bundles A to I including the documentary evidence compiled in bundles B to E which carried status B asconsented to by the parties.

[7] The witnesses who testified at the trial are as follows:

(i) YB Datuk Shabudin Bin Yahaya ("PW1"), the First Plaintiff himself;

(ii) YB Dato Jahara Binti Hamid ("PW2"), the Second Plaintiff herself;

(iii) YB Tuan Haji Omar Bin Abd Hamid ("PW3"), the Third Plaintiff himself;

(iv) Amiruddin Bin Nasrudin ("PW4"), the special officer to the Second Plaintiff;

(v) YB Tuan Haji Muhamad Yusoff Bin Mohd Noor ("PW5"), the Fourth Plaintiff himself; and

(vi) YB Dr Afif Bin Bahardin ("DW1"), the Defendant himself.

[8] After the close of trial, the parties simultaneously submitted their written closing submissions in chief followed by their written closing submissions in reply as directed. There was subsequently oral clarification with counsel on 18 April 2016.

Background Facts

[9] On 11 February 2014, the Star newspaper published a report entitled "From air base to commercial hub?". The excerpt of the report reads: "...TSR Capital Bhd together with Lembaga Tabung Angkatan Tentera (LTAT) and bumiputera owned Pembinaan Bukit Timah Sdn Bhd (PBT), would redevelop the existing 407 5ha air force base into an integrated mixed-use project with apotential gross development value of more than RM 10bil..."

[10] Subsequently on 17 March 2014, the Star newspaper published another report entitled "New plan for airbase shot down - State UMNO leaders object to proposed leisure development". The excerpt of the report reads: "... Tasek Gelugor UMNO division chief Datuk Shabudin Yahaya said residents were strongly against the project as they were worried that the proposed project would create a negative impact in the future. "I call upon the top leadership in Federal Government to conduct an in-depth study of the proposed project which I did not know about until I read about it in the newspaper."... Shabudin who is also the Tasek Gelugor MP, was speaking to reporters during a special briefing and protest against the project at the Penang Golf Resort in Kepala Batas here yesterday.