PUTRAJAYA, Jan 13 — Former inspector-general of police (IGP) Tan Sri Musa Hassan has been ordered by the Court of Appeal to pay Minister in the Prime Minister’s Department (Federal Territories) Hannah Yeoh a global sum of RM250,000 in damages in a defamation suit.
A three-member Court of Appeal bench led by Federal Court Judge Datuk Azimah Omar and comprising Court of Appeal Judges Datuk Dr Choo Kah Sing and Datuk Dr Shahnaz Sulaiman, also ordered that he pay Yeoh costs amounting to RM60,000.
“The learned judicial commissioner had erred in her decision when she dismissed Hannah’s lawsuit. We allow the appeal and hereby order the decision to be reversed and set aside,” said Justice Azimah.
The former youth and sports minister filed the appeal against the Kuala Lumpur High Court’s decision on December 23, 2024, which dismissed her suit against Musa and ordered her to pay RM40,000 in costs to Musa.
Yeoh filed the suit in 2020 against the country's former top cop over statements he made at the forum on January 30, 2020. She was present in court today.
Reading out the ruling, Justice Azimah said that the High Court had incorrectly allowed the defendant’s (Musa) defences of justification, fair comment, and qualified privilege in relation to the statements that appellant Yeoh claimed were defamatory.
The judge noted that Musa, in his defence, had called Universiti Utara Malaysia (UUM) lecturer Kamarul Zaman Yusoff to testify, but the evidence presented by the witness consisted merely of his opinions, and he was not recognised as an expert witness.
“The judicial commissioner contradicted her ruling by holding that Kamarul is a witness of 'fact' and Musa can rely on the former's 'opinion' in his defence,” she said, noting that last year, Kamarul also lost a separate defamation case filed by Yeoh.
Justice Azimah added that there was no evidence to show that Yeoh used her book, titled Becoming Hannah, a Personal Journey, to propagate her religion or destroy Islam.
“Then Bibles should not be on the shelf. This would be preposterous,” she said, noting that arguments regarding the defendant’s position as the former IGP, including claims that he needed freedom to speak on matters of national or religious importance, do not grant carte blanche to make statements without due care, responsibility, or accountability.
While the defendant may have held a position of influence, it is unacceptable and unprecedented in law to allow individuals with such power to disseminate untruths recklessly.
“In conclusion, the defendant (Musa) failed to establish a defence of fair comment or qualified privilege, and the defendant’s reliance on bad faith is rejected. The defamatory imputations were serious, public, and highly damaging, and the defendant’s actions demonstrated negligence and disregard for the plaintiff’s rights.
“Taking into account all factors, we hereby award the plaintiff a global sum of RM250,000 in damages. Additionally, we award RM60,000 in costs in favour of the plaintiff,” she ruled.
Speaking to the media after the proceedings, Yeoh said she is grateful and happy with the court's decision today because, for the past six years, she had to live with various lies and slander circulating on social media, which not only tarnished her good name but also confused the public, because the accusations were made by the former IGP.
“Now, my focus is to continue to serve the people with full integrity, responsibility and sincerity,” Yeoh said.
