KUALA LUMPUR: Malaysian Islamic Development Department (Jakim) officer Dr Zamihan Mat Zin has failed in his defamation suit against Perlis mufti Datuk Dr Mohd Asri Zainul Abidin.

High Court judge Judicial Commissioner Dr John Lee Kien How @ Mohd Johan Lee dismissed Zamihan's suit against Mohd Asri with RM40,000 costs to be paid to the mufti.

Zamihan had sued Asri over the latter's alleged portrayal of Zamihan as supporting extremism and terrorism, which he claimed was carried in two news reports.

In his brief decision, JC Mohd Johan said that it was crucial for a claimant in a defamatory case to prove three key elements - that there is publication, the impugned statement refers to the plaintiff and that the statement bears defamatory imputations.

If all these have been proven, the burden then shifts to the defendant to prove any defences such as justification and fair comment.

"In this case, unfortunately, the plaintiff has failed in establishing the first element - that there was such a publication," the judge said here during an online proceeding on Friday (Sept 30).

JC Mohd Johan said the author of the disputed articles should have been called to confirm that the publications were their writing for the articles to be accepted, referred and considered by the court.

"Sadly, this was not done in this case. The plaintiff has not done this at all.

"No witnesses have been called to confirm the existence of the articles," he added.

JC Mohd Johan said that the claim by Zamihan, who represented himself in the trial, has failed solely on that basis.

He then dismissed the claims with an order of RM40,000 as to costs.

Zamihan indicated to the court that he would be filing for an appeal.

On July 17, 2019, Zamihan filed a RM2mil defamation suit against Asri for allegedly making defamatory remarks against him that were published in two separate news reports.

He claimed that the remarks were carried in an Oct 14, 2018, report by Utusan Online titled “Bukan Perlis Sahaja” and a Feb 9, 2019 report by Malaysiakini titled “Asri: Sebut Ayob Khan terbayang muka Zamihan”.

He claimed Asri made these remarks during a forum titled “Siapa Pengganas & Potensi Salahguna Kuasa” at Dewan Sivik MBPJ in Petaling Jaya.

In his statement of claim, Zamihan said Asri's remarks carry the meaning or could be understood by the public to mean that he is not qualified to be an Islamic preacher or teacher or is unprofessional, or that he is a terrorist or that he supports extremism or religious terrorism.

He said Asri's remarks were untrue and defamatory against him and that the comments were malicious and aimed at harming his public reputation.

He sought for general damages of not less than RM2mil or an alternative sum that the court deems reasonable, aggravated damages and exemplary damages.

The case went on to a full hearing with Zamihan calling three witnesses including himself while Asri called six defence witnesses, also including himself.

The defendant was represented by lawyers Faizal Rahman and Fatima Zulaikha Ahmad Bashri.

https://www.thestar.com.my/news/nation/2022/09/30/jakim-officer-fails-in-defamation-action-against-perlis-mufti