Malaysia
Utusan-Pahang MB court decision won’t hurt Najib's defamation suits, lawyer says
Pahang Mentri Besar Datuk Seri Adnan Yaakob (right) unveils the new logo for Kolej Institut Kemahiran Ikhtisas Pahang (IKIP) which is now rebranded as Kolej Yayasan Pahang (KYP) in Kuantan on January 26, 2016. u00e2u20acu201d Bernama pic

KUALA LUMPUR, March 9 ― A court decision barring the Pahang mentri besar from suing a local newspaper does not affect the prime minister’s ongoing defamation suit, Datuk Seri Najib Razak’s lawyer said today.

According to Datuk Wan Hafarizam Wan Harun, the Court of Appeal ruled that Datuk Seri Adnan Yaakob was not entitled to sue Utusan Malaysia in his capacity as a public official, whereas Najib filed his suit against news portal Malaysiakini, among others, as a private citizen.

“The difference between Adnan Yaakob and my client (Najib) is that my client suing in his individual capacity.

“The case involving Adnan Yaakob is a distinguishable case as it involves him suing based on his position as MB, whereas for my client it has been done on a personal capacity,” Hafarizam told reporters

On March 1, the Court of Appeal ruled that Adnan cannot proceed with his defamation suit against newspaper publisher Utusan Melayu (M) Bhd in his capacity as a public official.

Utusan Melayu's lead counsel, Datuk M. Reza Hassan, said the court allowed the publisher's bid to strike out the defamation suit and ordered Adnan to pay RM3,000 in costs.

The decision is considered a landmark ruling, which means media outfits are free to write critical reports against public officials if they do not include personal criticism.

Adnan filed a defamation lawsuit against Utusan Melayu on December 5, 2014, over an article published in its weekend paper Mingguan Malaysia on November 9 that year titled, “Hebat Sangatkah Adnan? (Is Adnan so great?).”

Among others, Adnan reportedly claimed in his suit that the article, published under the Mingguan Malaysia column “Analisa Mingguan Bisik-Bisik Awang Selamat”, implied that he had failed in carrying out his duties and should not be mentri besar.

He also claimed the article had implied that he used his political position to abuse the media when it was critical of him, besides implying that he is a liability to his political party.

Adnan had sought general, aggravated and exemplary damages, an apology and an undertaking not to repeat the publication of such defamatory material.

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