In defamation cases, the burden lies on the Plaintiff to prove defamatory statements, while defendants may invoke qualified privilege if they act within a duty or interest.

Introduction

[1] The Plaintiff filed this action against the Defendant for an alleged defamatory statement issued by the latter. The Plaintiff pleaded that he was defamed when the Defendant lodged a complaint against the Plaintiff to Pantai Hospital Ipoh, where the Plaintiff was practising as a medical doctor.

Background Facts

[2] The Defendant's mother (DW-3) is a patient of the Plaintiff for 7 years.

[3] The words complained of arise from a letter dated 2 June 2021 captioned "Unprofessional conduct and inadequate care of physician in Pantai Hospital Ipoh" ("the Impugned Letter"), issued by the Defendant via email from varsha1089@hotmail.com to Pantai Hospital at my.phi.info@parkwaypantai. com. This letter was issued by the Defendant after the Defendant's mother ("DW3") had consulted the Plaintiff on 31 May 2021 and had allegedly fainted on 1 June 2021.

[4] The words complained of are set out in verbatim as follows:

"For your information, my mother has a known case of Bronchial Asthma (BA) and she is under follow up of healthcare clinic nearby. How is that possible for a doctor to prescribe Beta blocker medication to a BA patient. Why did he not even acquire any history of bronchospasm prior to that? What is the necessity for him to start oral hypoglycemic agent for a patient with normal FBS and below diabetic level Hba1c? Why did he not proceed with OGTT before diagnosing her as a diabetic? Why did he have to dispense a high dose of statin regime (Atorvastatin 80mg) despite her total cholesterol being normal and mildly raised LDL? These are not even following MOH CPG Guidelines. Also I noted most of the medications dispensed were short expiry (less than 1 year). This is a pure professional negligence, medication error and misconduct whereby it would have caused fatality to my mother. A physician's role is not about merely dispensing medications and making profit out of it. Their role includes prescribing, administration, monitoring for side-effects in relation to medication use and improving patient care."

"If a physician intends to start a new medication for a patient, he should have enquired a thorough history before prescribing any drugs. Furthermore a follow up care after starting the medications is mandatory which is to monitor the efficacy and side effects of the medications. This is for the patient's own good and ensures the compliance of medication. By dispensing the medication (newly prescribed) for a duration of 6 months, what did he intend to do to my mother? He is obviously doing more harm than good and lack of empathy in handling a patient."

"As a loyal customer of Pantai Hospital and being a doctor myself, I am utterly disappointed with the service rendered to my mother by Dr Tan. Hence I am requesting for a disciplinary action taken against Dr Tan for his negligence and rude behaviour."

"I would also proceed to Medical Council for this unprofessional conduct. This matter is a serious issue as this is concerning a patient's safety and health, therefore should be addressed quickly."

[5] The Plaintiff after becoming aware of the complaint lodged by the Defendant caused a letter of demand to be issued by solicitors. The Plaintiff had subsequently filed this suit against the Defendant alleging that the Defendant had defamed the Plaintiff by lodging a complaint against the Plaintiff with the Hospital.

[6] The Plaintiff's case is that the impugned statements, in their natural and ordinary meaning, meant and were understood to mean that:

(i) The Plaintiff