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HIGH COURT MALAYA KUALA LUMPUR
KHAIRY JAMALUDDIN ABU BAKAR – Appellant
Versus
MOHD RASYIQ MOHD ALWI – Respondent
| 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) |
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 canno
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