Translate
31 January 2019
Federal Court rules Zahida Rafik won her counter-claim against Her Driver Noor Azman who has to return RM200,000 with interest of 4% from 2013 and RM50,000 in costs awarded by the Court of Appeal.
Federal Court: Revealing contents of police report can amount to defamation
NATION
Wednesday, 30 Jan 20195:32 PM MYT
PUTRAJAYA (Bernama): The Federal Court reaffirmed Wednesday (Jan 30) that a person who lodges a police report and reveals its contents to the public can be held accountable for defamation.
Justice Tan Sri Azahar Mohamed said subsequent publication of the contents of a police report by its maker to the public was not protected by the defence of absolute privilege, save where the contents of the report were made in or in connection with judicial proceedings.
In his 15-page judgment, he said there was no public policy consideration to recognise that once the police report was absolutely privileged, it remained so at whatever occasion it was subsequently published.
"The right of the maker of the police report to speak and write freely to the public at large cannot override an individual's interest in protecting his reputation," said Justice Azahar, who delivered the judgment of a five-man bench in a defamation lawsuit brought against actress Zahida Mohamed Rafik.
Justice Azahar said it would result in persons irresponsibly slandering others with impunity if the defence of absolute privilege was extended to cover the subsequent publication of the contents of the police report to the world at large.
He said that in the present case, Zahida did not offer justification or explanation why it was necessary or reasonable for her to repeat the contents of the police report at a press conference.
However, he said, although the court answered the legal question pertaining to absolute privilege in favour of Zahida's former driver, Noor Azman Azemi, it would not affect the result of his appeal.
In dismissing Noor Azman's appeal with no order as to costs, Justice Azahar said no serious miscarriage of justice had occurred.
Noor Azman had appealed against the Court of Appeal decision that set aside the RM150,000 damages awarded to him by the High Court in his defamation suit against Zahida.
Noor Azman, a driver for a private company, would also have to return RM200,000 to Zahida as the Federal Court upheld a Court of Appeal decision on her counter-claim against him (Noor Azman).
Noor Azman sued Zahida in 2013 over her statement which was published in an article in a local daily on March 3, 2012, over the loss of RM200,000.
After lodging a police report against Noor Azman, Zahida was approached by reporters who enquired the reason she went to the police station.
She told the reporters that she had lodged a police report against Noor Azman and repeated the contents of the report to the reporters.
Zahida then filed a counter-claim against Noor Azman for the return of the RM200,000.
In 2015, Zahida was ordered to pay RM150,000 in damages to Noor Azman after the High Court allowed his claim for defamation against her. The High Court, however, dismissed Zahida's counter-claim.
She later won her appeal in 2017 when the Court of Appeal set aside the RM150,000 and also allowed her counter-claim to compel Noor Azman to return the RM200,000 to her, prompting him (Noor Azman) to bring the matter to the Federal Court.
A team of lawyers led by Datuk Seri Gopal Sri Ram represented Noor Azman while Zahida was represented by lawyer Tan Sri Muhammad Shafee Abdullah.
Outside the court, Muhammad Shafee told reporters following the Federal Court decision that his client won her counter-claim against Noor Azman and he would have to return the RM200,000 with interest of 4% from 2013 and RM50,000 in costs, which were awarded to her by the Court of Appeal. – Bernama
Read more at https://www.thestar.com.my/news/nation/2019/01/30/federal-court-revealing-contents-of-police-report-can-amount-to-defamation/#x4SOCMcBX6Z5BUBy.99
Popular Posts - Last 7 days
-
Kadar jangka pendek diunjurkan kekal kukuh disokong operasi BNM Bernama 04/11/2024 Hari ini, BNM akan menawarkan dua tender repo berbalik m...
-
PM Anwar hadir pada perlumbaan GP Malaysia 2024 Bernama 03/11/2024 Anwar (dua, kiri) melambaikan tangan kepada para penonton ketika hadir pa...
-
The King of Spain was mocked, pelted with mud and eggs by flood victims Agency 04/11/2024 07:15 MYT King Felipe VI (with an umbrella) is pr...
-
Actress Siti Saleha just wants a fuss-free wedding Read more at http://www.star2.com/people/2017/07/27/siti-saleha-marries-lutfi-azha...
-
A VIP police escort who punched a disabled e-hailing driver in the face was fined RM1,000 Police escort fined for assaulting disabled e-hai...
-
TGIF Malaysia tidak terjejas dengan penyusunan semula TGIF Inc Bernama 04/11/2024 Pemegang francais induk dan pemaju TGIF Malaysia mengesah...
-
US$3 billion development for TRX diverted into Najib's account, says judge Bernama 30/10/2024 The High Court today ordered imprisoned ex...
-
US$3 billion development for TRX diverted into Najib's account, says judge Bernama 30/10/2024 19:30 MYT The High Court today ordered im...
Popular Posts - Last 30 days
-
McDonald's E. coli crisis reveals why vegetable contamination is 'harder problem' than beef Reuters 26/10/2024 Fresh produce is ...
-
Tourism Malaysia lancar jualan tengah malam untuk warga Singapura sempena Deepavali di JB Bernama 12/10/2024 Edisi pertama Jualan Tengah Mal...
-
Kadar jangka pendek diunjurkan kekal kukuh disokong operasi BNM Bernama 04/11/2024 Hari ini, BNM akan menawarkan dua tender repo berbalik m...
-
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS Bernama 18/10/2024 The government allocated RM470 million...
-
Seorang maut, 49 lagi jatuh sakit di AS akibat jangkitan E.Coli Astro Awani 23/10/2024 CDC memaklumkan semua individu ditemu bual melaporka...
-
Paip pecah, sebahagian KL tiada air - Air Selangor Astro Awani 08/10/2024 Pengguna boleh mendapatkan maklumat berhubung gangguan bekalan air...
-
PM Anwar hadir pada perlumbaan GP Malaysia 2024 Bernama 03/11/2024 Anwar (dua, kiri) melambaikan tangan kepada para penonton ketika hadir pa...
-
RUU tahanan di rumah bukan untuk ‘bebaskan’ Najib, VIP lain - Fahmi Astro Awani 25/10/2024 Menurut Fahmi, RUU itu juga untuk membantu mengu...
-
Amaran ribut petir di lapan negeri, KL dan Putrajaya hari ini Bernama 15/10/2024 Berdasarkan amaran yang dimuat naik di media sosial jabatan...
Blog Archive
-
▼
2019
(4089)
-
▼
Jan 2019
(331)
- The news circulating on social media about the sta...
- LIVE: The Sultan of Pahang will take the oath of o...
- Fake designer bags seized in the operation by The ...
- Federal Court rules Zahida Rafik won her counter-...
- Hukum isteri tidak tunai hajat suami - Ustaz Azhar...
- Ex-EC members cannot escape punishment despite res...
- BREXIT LIVE ! - British PM Faces PMQ's | 30 Januar...
- Sidang media Tun Dr Mahathir Mohamad selepas mempe...
- Kabinet putuskan Selain dariapada PM, Menteri tak ...
- Johor Police tracking down man armed with gun in v...
- The son of the slain Mongolian model Altantuya Sha...
- DUA mangsa yang maut dalam kebakaran sebuah rumah ...
- The Pahang government has declared a special state...
- Two Indonesians women pleaded guilty and were sent...
- JANGAN RIAK DAN ANGKUH : TITAH SULTAN PAHANG KEPAD...
- 31 years after the title was last bestowedTengku P...
- Pendedahan Deepak Jaikishan tentang Penggunaan Bom...
- English Premier League | EPL Highlights Video | As...
- Abang Syed Saddiq, Syed Abdullah meminta maaf - ko...
- Actress Emma Maembong publicly apologises for her ...
- After Karaoke Misadventure Drama Producer Has Urge...
- A school principal pleaded not guilty in two separ...
- Singapore warns against crypto scam and websites t...
- Suami Isteri bertugas di JPN yang maut dalam kebak...
- Police Should Investigate and Arrest the PA of Saj...
- Man Jailed 5 Months For Sending Lewd Messages via ...
- Prime Minister Tun Dr Mahathir Mohamad hadir launc...
- Linda Rafar saman lebih 100 individu yang melempar...
- Bagi Makan Kucing - Ustaz Azhar Idrus
- Astro to gain if Android TV boxes banned in Malays...
- Seorang jurujual Guardian cedera selepas diserang ...
- 2019 Awards Show TV Guide : Where * When to watch...
- High Speed Car Chase and Shootout in KL from Jalan...
- Tribunal Siasat 6 Bekas Ahli SPR Bersifat Akademik
- Prime Minister Tun Dr Mahathir Mohamad drove himse...
- Tindakan Akan Diambil Ke Atas Anggota Polis Yang H...
- Man Throws Young Girl From Third Floor of Shopping...
- Tun Dr Mahathir comments on : BN's victory in Came...
- Ketua kumpulan Dewa 19 yang juga gitaris utamanya,...
- 2 Elderly Women died at ICC Pudu after being criti...
- Former Malaysian PM Najib Razak slapped with 3 mor...
- Large Blaze at Sri Pahang Flats In Bangsar
- Crystal Palace knocked Tottenham Hotspur out of th...
- IPC Clarifies Malaysia's Previous BN Government ha...
- Ebby Yus, 55, yang menerima kunjungan bekas Perdan...
- The son of Petaling Jaya MP Maria Chin has been st...
- The International Paralympic Committee (IPC) strip...
- Police say a bombing of a cathedral on a southern ...
- Viral message listing traffic offences and fines i...
- BN’s Ramli meets locals morning after his victory ...
- Meizu and Vivo have simultaneously presented new s...
- Good Analysis of Cameron Highlands By Election Res...
- Full Barisan Nasiona lPress Conference at Cameron...
- A wedding on the cards for former Jakarta governor...
- JPJ has blacklisted and issued arrest warrants for...
- Barisan Nasional candidate Ramli Mohd Nor has won ...
- Stupid Mistake By Cameron Highlands Pakatan Harapa...
- UNOFFICIAL - Utusan Online reported a WIn for BN i...
- Fans pay respect to Singaporean actor Aloysius Pan...
- Indonesian Police arrested four men involved in th...
- US President Donald Trump agrees to end shutdown o...
- AFC ASIAN Cup 2019 | Quarter Final Results & Video...
- Manchester United's 3-1 victory at Arsenal in a he...
- A man and his former girlfriend were found dead in...
- The biggest 4D Jackpot in Magnum history RM33,822,...
- Penamatan CCCC sebagai peneraju projek Laluan Rel ...
- Thai police have joined their Malaysian counterpar...
- Plane Carrying Cardiff Player Emiliano Sala signed...
- Brother of A Umno Youth Exco Member among four cha...
- Luahan pelakon dan pelawak Ebby Yus mengenai keada...
- Federal Police is tracking down four persons of in...
- MCMC says it has never endorsed a communications f...
- Penang Bridge Victim Moey Laid To Rest
- Pahang Princess Tengku Puteri Iman Afzan posted pi...
- Rockstar welcome for Tun Dr Mahathir as Pakatan Ha...
- Police here are searching for an Irish man who was...
- Jakarta's former governor Ahok was released from p...
- Polis sudah merakam kenyataan ADC Najib Razak,DSP ...
- TLDM kesal dengan tindakan seorang lelaki menyamar...
- IDEAS took money from tobacco firms and opposed an...
- Police Raid Law Firm Linked to Goldman Sachs in re...
- Sultan Pahang Yang Dipertuan Agong ke-16, Sultan P...
- Conference of Rulers Meeting Over, Rulers Leaving ...
- Conference of rulers convening a special meeting t...
- The nine Malay Rulers are scheduled to meet today ...
- BN Candidate For Cameron Highlands Ramlu Mohd Noor...
- The 21-year-old hairstylist, who allegedly crashed...
- Satu video tular memaparkan kira-kira 10 lelaki ya...
- Dewi Remaja 2018 Haneesya Hanee menangis di MeleTO...
- Syed Saddiq - Malaysia's Minister of Youth and Spo...
- Trump bars Mexicans, what’s wrong if we bar Israelis?
- Video rangkuman lawatan kerja YAB Perdana Menteri ...
- Anwar Ibrahim on CNN Talk Asia Interview - The rak...
- Altantuya ada hubungan dengan Razak Baginda kata s...
- Toyota Vios Driver Who Slammed into the Mazda CX5 ...
- Seorang penyelidik politik Perancis mendakwa belia...
- Federal Territories Minister Khalid Samad’s statem...
- ‘Black Panther’ lands Oscar's Best Picture nod as ...
- Man Jumps off Penang Bridge while recording his at...
- DS Najib Razak sings a song "PH Pendusta" ala "We ...
-
▼
Jan 2019
(331)