ALOR STAR: Datuk Seri Muhammad Sanusi Md Nor's lawyers have lauded the High Court decision to grant the Kedah Menteri Besar with punitive damages in his defamation suit against Datuk Mahfuz Omar.
The plaintiff's lead counsel Yusfarizal Yussoff said the RM50,000 punitive damages award was reasonable and fair based on the current trend.
"We are satisfied with the amount of damages awarded by the court which is reasonable and fair based on the current trend. It is not a common practice for the court to allow punitive damages.
"The court is of the opinion that the RM50,000 punitive damages award is a reasonable amount to send a clear message that the defamation was not supposed to have happened and should have not be repeated.
"This is a special case when the court granted the punitive damages. It reflected the seriousness of the case and how it has left a deep impact on the plaintiff and it has to be punished with a punitive sentence whereby general damages alone are not sufficient," he told reporters outside the court room.
Earlier today, the Alor Star High Court ordered Mahfuz, who is also Kedah Pakatan Harapan chairman to pay Sanusi RM250,000 in damages.
Judge Dr Arik Sanusi Yeop Johari allowed Sanusi's defamation claims against the Parti Amanah Negara vice-president over his statement on the purchase of a Toyota Vellfire multipurpose vehicle (MPV) by Syarikat Air Darul Aman (Sada) three years ago.
The court awarded Sanusi with RM200,000 in general damages and RM50,000 in punitive damages, besides RM30,000 in legal costs.
Arik also ordered Mahfuz to issue a public apology in a Bahasa Malaysia daily and an English daily within 14 days of the decision, as well as in Mahfuz's Facebook account, in terms that are approved by Sanusi.
The court also allowed Sanusi's application to seek for a permanent injunction against Mahfuz, his agents and supporters from repeating the defamation remarks.
In his judgement, Arik said Mahfuz's claims that Sanusi had ordered state-owned Syarikat Air Darul Aman Sdn Bhd to buy the Vellfire for his personal use was a slander and with malicious intention against the Menteri Besar.
In October 2020, Sanusi filed the defamation suit against Mahfuz over his Facebook posting alleging that Sanusi, who is also Sada chairman, bought the luxury MPV by abusing Sada's fund.
Mahfuz had made the remarks in a Facebook posting entitled "Komen Politik Semasa" on Oct 17, 2020.
Yusfarizal also thanked the court for allowing the plaintiff's application to order Mahfuz to use specific words in issuing his public apology to Sanusi.
"Among others, the court has allowed our application that Mahfuz must admit in his apology that his remarks were lies, based on fabricated facts to smear the Menteri Besar's reputation.
"His statement on Facebook which was made two days after Sada issued an official statement to deny the claims and clearly explained that the vehicle's purchase was meant for the company's top management.
"We have showed to the court that the Vellfire was parked at the Sada chief executive officer's home and not meant for the Menteri Besar's usage. That is the gist for the court to rule that the statement was made with malicious intention," he said.