SHAH ALAM, July 12 — The High Court today dismissed a defamation suit brought by Shah Alam MP Khalid Samad against Wanita Umno information chief Datuk Hamidah Osman over her alleged posting on her blog of a photograph that portrayed him as a Christian priest and an apostate. 

Judicial Commissioner Datuk Hashim Hamzah found that Khalid had failed to tender the original document alleged to be the defamatory article.  

He ordered Khalid, who is also Selangor PAS Commissioner III, to pay RM20,000 in costs. 

Both Khalid and Hamidah, the former assemblyman of Sungai Rapat in Perak, were not present in court. 

Khalid filed the suit against Hamidah two years ago over a superimposed photograph of him in the defendant’s blog, hamidahosman.blogspot.com, in January 2010. 

In the claim, filed on December 23, 2011, Khalid said the photograph had portrayed him as a Christian priest and an apostate.

In his 23-page written judgment, Hashim said Khalid claimed that the said article published by Hamidah had defamed him and, as such, he would have to produce the alleged defamatory original document. 

However, Hashim said, Khalid produced a document which was not extracted from the original website.

“I reiterate that the burden of proof as to that particular fact lies on the plaintiff (Khalid) who wishes the court to believe in its existence. In this case, I am of the opinion that failure on the part of the plaintiff to produce the original document alleged to be the said article to be fatal to the plaintiff’s case,” he said.

“I hereby dismiss the plaintiff’s action with costs,” he said.

Hashim, however, did not read out his judgment in court.

Abdul Khalid was represented by counsel Mohamed Hanipa Maidin and Azhana Mohd Khairudin while Datuk Hafarizam Harun and Nor Emelia Iszeham appeared for Hamidah. — Bernama