GEORGE TOWN: Pas member of parliament Dr Siti Mastura Muhammad has lost a defamation lawsuit filed by DAP leaders Lim Kit Siang, Lim Guan Eng and Teresa Kok over allegations linking them to the late Communist Party of Malaya leader Chin Peng.
The Penang High Court has ruled that statements made by Siti Mastura against them were defamatory and unsupported by evidence.
Judge Datuk Quay Chew Soon, in delivering the judgment via a virtual Zoom session, said the defendant acted with malice and rejected her defences of fair comment and qualified privilege.
"I am satisfied that the impugned words, in their ordinary and natural meaning, were likely to expose the plaintiffs to public hatred and diminish their standing among rational members of society.
"It is noteworthy that the plaintiffs were associated with malicious activities, colluding with communist elements, thereby exposing them to hatred and provoking negative public opinion.
"This goes beyond normal political criticism and crosses the line by attacking the plaintiffs' character and values," he said during the judgment delivered via Zoom earlier today.
The court ordered Siti Mastura to pay RM300,000 in damages to Kit Siang, RM250,000 to Guan Eng, and RM200,000 to Teresa Kok.
In addition, RM25,000 was awarded to each plaintiff as legal costs.
Quay said the statements implied that Lim Kit Siang was related to Chin Peng, a cousin of Lee Kuan Yew, and that Kit Siang and Guan Eng were father and son, while Teresa Kok was the cousin of Guan Eng's wife.
The court found the defendant's provocative statements linked the plaintiffs to a banned political party and made unfounded insinuations about their association with communism.
Quay also rejected reliance on the book referred to as Comms Barisan Nasional, deeming it inadmissible as its authenticity remained unverified.
"The defence failed to call the alleged author of the book to testify, leaving it as mere hearsay evidence in the trial," he said, adding that the campaign book lacked credibility, accuracy, and key publication details such as a publication year, author, publisher, or ISBN/ISSN.
Despite holding a PhD and being knowledgeable about research methodology, Siti Mastura disseminated unsubstantiated claims based solely on the campaign book, Quay said.
As a fellow member of the Dewan Rakyat alongside Guan Eng and Teresa Kok, Siti Mastura could have sought clarification directly from them before making such allegations, he said.
"By avoiding inquiries to verify her claims, the defendant failed to adequately fact-check her statements.
"While public interest in political debate is acknowledged, it does not provide an absolute right to make misleading statements that harm others' reputations," he said.
On damages, Quay awarded the highest sum of RM300,000 to Kit Siang, citing his seniority as a veteran politician and a well-known public figure who has been conferred the title Tan Sri by the Yang di-Pertuan Agong.
Lawyer Datuk Sankara Narayanan Nair represented the plaintiffs, while Siti Mastura was represented by lawyer Yusfarizal Yusoff.