Court dismisses UMNO Youth vice-chief's suit against Rafizi

Judge S. Nantha Balan, in his 82-page judgment said there was no imputation which suggested that Khairul Azwan was guilty of corruption or abuse of power.

"Rather, it suggests that there are reasonable grounds for investigations to be conducted," he added.

He said the court found that Mohd Rafizi has done his own investigations after being tipped off by informants from within Mara or UMNO or UMNO Youth.

"As a result, Mohd Rafizi has gathered much detailed information and documents concerning the property transactions. This is most certainly not a case where he was 'shooting from his hip'," he said, adding that Mohd Rafizi had done his research on the topic before going public with the expose on the transactions.

Nantha Balan also said that the suggestion by the plaintiff that the defendant was reckless or indifferent to the truth was totally misplaced.

Whether Mohd Rafizi was actuated by malice, there was no doubt at all that he was actuated by nothing more than a public spirited duty to disclose wrongdoings involving public funds and to be a catalyst for public discussion over these matters, he added.

In dismissing the suit, the court ordered Khairul Azwan to pay costs of RM73,000 to Mohd Rafizi.

Khairul Azwan filed the suit on July 30, 2015, claiming that Mohd Rafizi had made slanderous statements against him over Mara's purchase of property in Australia.

He had called for a press conference on the same day to refute the statements by Mohd Rafizi.

In the statement of claim, Khairul Azwan stated that Mohd Rafizi had published and disseminated defamatory statements about him during a press conference at his (Mohd Rafizi) office at Uni Infiniti Mind Development Centre on July 6, 2015.

Khairul Azwan, who is Biosis Group Berhad director, claimed that the statements by Mohd Rafizi, among others, had questioned his alleged involvement in the business dealings involving the purchase of property at 746 Swanston Street property by a company wholly owned by Mara Inc, Thrushcross Land Holdings Limited.

He said the defamatory words, which were published on online portals and accessible to users worldwide, implied that he had interest in the business which resulted in Thrushcross Land Holdings Limited to experience leakage of RM63 million.

As a result of that, Khairul Azwan said his reputation as a businessman and politician had been tarnished. He is seeking general and aggravated damages.