A plaintiff in a defamation action must prove that the statements were defamatory, refer to them, and were published; failure to attend trial can lead to acceptance of the plaintiff's claims as true.

Headnote:(A) Defamation Act 1957 - Elements of defamation claimed by plaintiff include: false statements, clear reference to plaintiff, and publication to third parties.

(B) Statements made by defendant imputed dishonourable conduct to plaintiff implying he had lied regarding vaccination.

(C) Defendant's failure to appear in court and provide evidence led court to accept plaintiff's claims as true.

(D) The trial court found the defendant's posts damaging to the plaintiff's reputation and confirming the plaintiff’s truthfulness regarding his vaccination status. (E) Damages were awarded totaling RM2,500,000.00, reflective of the severity and impact of the defamatory statements. (F) Interlocutory orders were made for removal of statements and public apology. (Paras 35-114, 119)

Table of Content
1. court begins with reflective quotation. (Para 1 , 2)
2. plaintiff's role and context in defamation action. (Para 3 , 4 , 5 , 6 , 7)
3. defendant's absence affects trial process. (Para 8 , 17 , 18 , 19 , 20 , 21 , 22)
4. court considers procedural fairness and plaintiff's rights. (Para 25 , 26 , 27 , 28 , 29)
5. legal standards for defamation claims discussed. (Para 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43)
6. court evaluates evidence for defamatory statements. (Para 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53)
7. impact of statements on public trust and reputation. (Para 59 , 60 , 61 , 62 , 63)
8. defendant's defenses and burdens of proof in defamation. (Para 70 , 71 , 72)
9. damage assessment and concluding rulings by court. (Para 92 , 93 , 94)
10. court's final orders and remedies provided to plaintiff. (Para 119)

Raja Ahmad Mohzanuddin Shah J:

Preliminary

[1] As I begin to contemplate the issues at hand and make my final decision, let me quote Imam Al-Ghazali, a renowned Muslim Shafi'i Sunni theologian, philosopher, scholar and jurist who was also considered one of the greatest Sufis of his time. Imam Al-Ghazali said:

"Declare your jihad on thirteen enemies you cannot see - egoism, arrogance, conceit, selfishness, greed, lust, intolerance, anger, lying, cheating, gossiping and slandering. If you can master and destroy them, then you will be ready to fight the enemy you can see."

[2] Within the confines of the above quote lies a lesson on how to become a better person.

[3] This is a defamation action.

[4] As a result of the alleged defamatory statements, videos, and photos ("impugned statements") and their publications ("impugned publications"), interchangeably known as the impugned statements and/or impugned publications, this action has been brought by the plaintiff against the defendant. The defendant is accused of making the impugned statements and/or impugned publications through social media accounts allegedly targeting the plaintiff in relation to the implementation of the COVID-19 vaccination programme.

[5] The plaintiff claims that by publishing the impugned statements, the defendant has caused substantial damage to the plaintiff's credibility, credit, goodwill, and reputation. In addition, the defendant has caused distress to the plaintiff.

[6] During the time of the filing of this action on 25 January 2022, the plaintiff was the Minister of Health and Member of Parliament for Rembau since 2008. Between 10 March 2020 and 16 August 2021, the plaintiff served as Minister of Science, Technology and Innovation.

[7] The defendant, on the other hand, appears to have represented himself as a religious scholar and an Islamic preacher.

[8] Unfortunately, the defendant deliberately chose not to participate in the trial. As a result, he was unable to offer evidence to defend himself.

An Overview Of The Background Facts

[9] At the height of the respiratory disease called Coronavirus disease (COVID-19), which was and still is an infectious disease caused by the severe acute respiratory syndrome coronavirus 2 ("SARS-CoV- 2") virus, the plaintiff was tasked with the following responsibilities as Minister at the Ministry of Science, Technology and Innovation ("MOSTI"):

(a) facilitating science diplomacy towards securing a vaccine for COVID-19;

(b) overseeing the National Science Policy to encourage the development of science in Malaysia;

(c) championing technology adoption acceleration across the public and private sectors, including the creation of the National Innovation and Technology Sandbox;

(d) Co-Chairperson of the Digital Economic Task Force together with the Minister of Communications and Multimedia;

(e) Chairperson of the National Innovation and Technology Sandbox Working Committee; and

(f) committee member of the National Food Security Council.

[10] During his time as Minister for MOSTI, the plaintiff also served as Co-Chair of the 'Jawatankuasa Khas Jaminan Akses Bekalan Vaksin COVID-19 ("JKJAV") along with the then Minist

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2025 MarsdenLR 2890

HIGH COURT MALAYA KUALA LUMPURKHAIRY JAMALUDDIN ABU BAKAR – AppellantVersusMOHD RASYIQ MOHD ALWI – Respondent[Civil Suit No: WA-23CY-4-01-2022]

A plaintiff in a defamation action must prove that the statements were defamatory, refer to them, and were published; failure to attend trial can lead to acceptance of the plaintiff's claims as true.

Cases Referred (5)

HIGH COURT MALAYA KUALA LUMPUR
KHAIRY JAMALUDDIN ABU BAKAR – Appellant
Versus
MOHD RASYIQ MOHD ALWI – Respondent
[Civil Suit No: WA-23CY-4-01-2022]