Court to rule if Anwar’s conviction can help Utusan reduce damages

Datuk Seri Dr Wan Azizah Wan Ismail, the wife of Datuk Seri Anwar Ismail, seen at the High Court in Jalan Duta today. – The Malaysian Insider file pic by Afif Abd Halim, October 7, 2015. 

The Kuala Lumpur High Court will rule tomorrow whether Utusan Melayu (M) Bhd can rely on Datuk Seri Anwar Ibrahim's sodomy conviction to reduce the damages payable in a defamation suit that the former opposition leader won two years ago against the Umno mouthpiece.

Judge Hue Siew Kheng said she would deliver her verdict at 2.30pm.

Lawyer Datuk Firoz Hussein Ahmad Jamuluddin, who appeared for the publisher and editor-in-chief Datuk Abdul Aziz Ishak, said Anwar's conviction early this year by the Federal Court for sodomising his ex-aide Mohd Saiful Bukhari Azlan should be taken into account.

He said also a factor was the Federal Court's remark in 2004 that Anwar had homosexual tendencies although the apex court acquitted him of sexual misconduct against his wife's driver Azizan Abu Bakar.

Firoz submitted case laws from England to back up his argument that Anwar's reputation had been tarnished following the conviction and that the court should award lower damages.

But Anwar’s counsel, N. Surendran, said the Court of Appeal in May had ruled that a criminal conviction could not be used in a civil case.

“This court is bound by that ruling as this is the highest authority we have in Malaysia,” he said.

Hue yesterday ordered lawyers for the publisher and Anwar to make submissions after Firoz questioned  Anwar on why he was now in jail.

Anwar was then in the witness stand and cross- examined by Firoz.

Surendran objected to that line of questioning as Anwar's conviction had no bearing in determining the quantum of damages.

In January 2013, then High Court judge Datuk V. T. Singham found Utusan Malaysia liable for defaming Anwar in two articles following his comments to the BBC during an interview on homosexuality laws.

The Court of Appeal also dismissed Utusan's appeal against Singham's decision.

Singham, who has since retired, ordered the defendants to pay RM45,000 in costs to Anwar but said a court registrar had to assess the damages.

The trial judge said the newspaper had “distorted” the opposition leader’s words to suggest he backed the lesbian, gay, bisexual and transgender (LGBT) movement.

Singham also said the Umno-owned daily did not practise responsible journalism, in addition to disregarding a golden opportunity to correct itself after Anwar sent a legal notice asking for clarification.

“The articles... are a rather distorted and incorrect version, and obviously taken out of context,” Singham said in his judgment.

“The articles have a purpose of its own... to give rise to a defamatory imputation that the plaintiff is condoning LGBT activities to be legalised, which is not true under the circumstances."

The judge said it was “crystal clear” that Anwar did not say that LGBT activities should be legalised in his BBC interview, and the Utusan articles had suggested that Anwar was unfit to hold public office and be the opposition leader.

Anwar filed the defamation suit on January 2012, seeking RM50 million in damages and an injunction to stop Utusan from repeating statements accusing him of being a gay rights proponent.

During trial, Anwar told the court it was public knowledge that Utusan Malaysia was Umno-owned and that it took orders from the party president.

He also agreed that homosexuals should be discriminated to protect the sanctity of marriage, but pointed out that archaic laws should be reviewed to prevent innocent people from being punished.

- TMI