Zamihan fails in defamation suit against Perlis Mufti

High Court Judicial Commissioner Dr John Lee Kien How @ Mohd Johan Lee dismissed Zamihan's suit against Mohd Asri that was filed in July 2019, saying that the plaintiff failed to prove the publication of defamatory statements against him through the two articles in question because he did not present witnesses to confirm the defendant's remarks.

"The two articles cannot be referred to and considered by the court, therefore there is no evidence to confirm the publication of the articles," he said during an online proceeding of the case.

Lee said Zamihan claimed that the defendant had provided statements to reporters who proceeded to write and publish the articles, adding that the authors of the articles should have been called to confirm that the articles were their writing for the publications to be accepted, referred to and considered by the court.

"Unfortunately, the plaintiff did not call the witnesses to prove the existence of the articles," he said, adding that he dismissed the claims with an order of RM40,000 as to costs.

The proceeding was attended by Zamihan, who was unrepresented and Mohd Asri as well as his two lawyers, Faizal Rahman and Fatima Zulaikha Ahmad Bashri.

The trial took place for six days beginning July 4 with the plaintiff calling three witnesses and the defendant six witnesses.

The plaintiff claimed that Mohd Asri's remarks were published on the Malaysiakini news portal and that the defamatory statements directly refer to his career, and position in addition to implying that the plaintiff has no integrity, and is a liar, adding that the remarks also mislead the public.

Zamihan sought for general damages of RM2 million, aggravated damages, exemplary damages, an apology from the defendant and other reliefs deemed appropriate by the court.