Vindication for Nurul Izzah over photo with self-styled Sulu princess case.
The Kuala Lumpur High Court has awarded RM1 million in damages to Lembah Pantai MP Nurul Izzah Anwar in her suit against former Inspector-General of Police Tan Sri Khalid Abu Bakar and caretaker rural and regional development minister Datuk Seri Ismail Sabri Yaakob.
Judicial Commissioner Faizah Jamaludin ordered Khalid to pay RM400,000 while Ismail was directed to pay RM600,000.
Faizah ruled that both were found liable in defaming Nurul Izzah as they failed to check with her before issuing the statements linking her with a personality.
She also ordered the defendants to pay RM80,000 costs.
Nurul Izzah sued the duo for allegedly implying that she had committed treason after her photograph with Jacel Kiram – the self-styled Sulu princess and daughter of self-proclaimed Sulu Sultan Jamalulail Kiram III – was published.
Jamalulail is said to have masterminded the 2013 Lahad Datu, Sabah, intrusion.
Jacel’s brother Datu Amirbahar Hushin Kiram was one of nine men who was convicted and sentenced to death over the incident.
During the trial, Nurul Izzah said that the meeting with Jacel was never planned.
In her suit, the PKR vice-president said the IGP (Khalid) had on Nov 22, 2015, uttered slanderous words against her during a press conference at the Bukit Aman police headquarters.
She said Ismail had also issued a libellous media statement against her on the same day during an event in Bera, Pahang.
She alleged that the statements were issued after her photograph with Jacel Kiram was published by the media a few days earlier.
She also said the duo’s statements were not only carried by television news networks and newspapers but had also spread online.
Faizah in delivering her decision said the statements conveyed to the ordinary reasonable man that in meeting Jacel, Nurul Izzah was a terrorist and had committed treason by declaring war against the Yang di-Pertuan Agong.
“In my opinion, the statements conveyed the meaning that the plaintiff’s meeting with Jacel Kiram was a meeting with a member of a group that had declared war against Malaysia and that the plaintiff had committed treason, meaning that she is a terrorist and declared war against the Yang di-Pertuan Agong,” the judge said.
Faizah said the statements made by Khalid and Ismail had exposed Nurul Izzah to hatred, ridicule and contempt.
The court also found that Khalid’s statement was made on occasion of privilege as evidence showed that the Sunathon 2015 programme was an official PDRM function.
“The first defendant was the IGP and he had the duty and the reciprocal privilege to answer reporters at the press conference in relation to the photograph of the plaintiff and Jacel Kiram which involves the national security and public interest,” she said.
Faizah said, however, the court did not find that Ismail’s statement was qualified privilege as the Berkhatan (circumcision) programme he attended was organised by Umno and was not an official government programme.
On the issue of fair comment, the judge said both defendants had failed to particularise which parts of the statement were comments and which parts were facts.
Nurul Izzah’s lead counsel was incumbent Subang MP Sivarasah Rasiah.
Khalid and Ismail were absent from today’s court proceedings but were represented by senior federal counsel Normastura Ayub and Zureen Elina Mohd Dom.
Speaking to reporters after the decision, Nurul Izzah said she felt vindicated.
“I think this should be a reminder to politicians that even if they have a duty to comment, their comments should a fair one,” she said.
She added that she will set aside a large sum from the RM1 million damages for the family members of those who died in the intrusion.