Actress told to pay ex-driver RM150,000
BY V. ANBALAGAN, ASSISTANT NEWS EDITOR
Published: 26 February 2015 10:32 AM
Actress Zahida Mohamed Rafik at the High Court after she lost a defamation suit by her former driver Noor Azman Azemi, today. – The Malaysian Insider pic by Mukhriz Hazim, February 26, 2015.A former driver of a local actress has been awarded RM150,000 in damages after the High Court found Zahida Mohamed Rafik liable of defaming him.
Judge Datuk Hue Siew Kheng said Noor Azman Azemi has proved all the ingredients of defamation on the balance of probability.
Hue also dismissed Zahida's counter claim for the return of RM200,000 allegedly taken by the driver.
Noor Azman (pic, right) had filed the suit against Zahida in 2013 for allegedly defaming him in a newspaper report over the loss of RM200,000.
In the statement of claim, Noor Azman said Zahida uttered the defamatory words which were published by Harian Metro on March 3, 2102.
She was allegedly romantically involved with rural and regional development minister Datuk Seri Shafie Apdal.
Hue in her oral judgment said Zahida's defence of ancillary privilege and justification was also not sustainable.
"I have also dismissed a documentary evidence to corroborate the testimony of the defendant as it was mere fabrication," the judge said.
Zahida was present in court but her lead counsel Tan Sri Muhammad Shafee Abdullah was absent.
Hue also dismissed an application by Zahida to stay the court ruling pending appeal to the Court of Appeal.
In the article titled "Zahida Rafik Terkedu", the 40-year-old actress said she had lost the money after asking Azman to deposit it into her bank account.
Noor Azman, represented by Latheefa Koya and Shahid Adli Kamaruddin, said the words implied that he was a thief, unworthy of trust and of immoral character.
He said his reputation had suffered to such an extent that it jeopardised his chances of gaining employment and that he remained jobless despite the various job interviews he had attended.
Noor Azman, who is a taxi driver, was charged in a Sessions Court last year with misappropriating RM200,000 in the midst of attending his civil case.
He had earlier been remanded for four days to facilitate investigations.
"I feel vindicated after the court ruled in my favour. I hope the prosecution will drop the criminal charges," he told reporters.
Trial is scheduled to begin on March 23. – February 26, 2015.
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