The Malaysian Bar - Blogger has to pay RM300,000 in damages over Indonesian maid rape post

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Blogger has to pay RM300,000 in damages over Indonesian maid rape post

Friday, 20 January 2012 09:40am

©The Star (Used by permission)
by LISA GOH

PUTRAJAYA: The Court of Appeal has upheld the High Court’s decision to award Information, Communications and Culture Minister Datuk Seri Dr Rais Yatim RM300,000 in his defamation suit against blogger Amizudin Ahmat for implying that the minister was guilty of raping his Indonesian maid.

In doing so, the Court of Appeal’s three-member panel – comprising Justices Jeffrey Tan Kok Wha, Mohamed Apandi Ali and Alizatul Khair Osman Khairuddin – had unanimously dismissed Amizudin’s appeal against the High Court’s decision.

In his broad grounds of judgment yesterday, Justice Tan ruled that the award of RM300,000 was not high, after taking into consideration Dr Rais’ “high social standing”.

“On reflection, the respondent is a person of high social standing, while the allegation was most low and foul.

“Given the opposites between the respondent’s standing and the allegation, we agree with the High Court judge that RM300,000 (award) is not on the high side,” he ruled.

Justice Tan said that Amizudin’s defence that his article was a re-publication of an article in Harakah Daily still amounted to defamation if it was not truthful.

“Re-publication is no defence without the truth.

“The only defence is the truth,” he ruled.

However, the court held that the cost of RM100,000 awarded to Dr Rais by the High Court was high, and reduced it to RM50,000 for both in the appellate court and the High Court.

On July 5, last year, the High Court ruled in favour of Dr Rais and awarded him the RM300,000 in compensatory, aggravated and exemplary damages.

Dr Rais filed a suit against Amizudin, also known as Din Binjai, last Jan 31, saying that the blogger had published or caused to be published a defamatory article under the heading “Hei Pak Menteri ... mana mau lari ...” (Hey Mr Minister ... where do you want to run to) in his blog on Dec 28, 2010.

In his suit, Dr Rais claimed that the words meant that he was guilty of raping his Indonesian maid and capable of murdering her to conceal evidence over the alleged rape.

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