Couple wins suit against uncle, auntie for defamation on WhatsApp

KOTA KINABALU: A husband and wife won their suit against their uncle and auntie for making defamatory remarks about them on WhatsApp after the Sessions Court here yesterday ordered the defendants to pay RM10,000 to them.

In his reserved decision, judge Indra Hj Ayub held that both plaintiffs, Siti Halizah Yahya and her spouse Mohd Faiz Mohd Yusof, had proved the balance of probabilities of their case against the defendants as well the elements of defamation. The judge also ruled that the defendants were liable for defaming the plaintiffs as the defence of justification and/or fair comment was not sustainable.

The duo, who are civil servants, had on June 15, 2016, filed the suit through Messrs Nurul Rafeeqa Marcel Advocates via the e-Filing system naming Jusinah Kamin and Mokti Norbek as the first and second defendants respectively.

In their suit, the plaintiffs were seeking RM500,000 damages for defamation against the two defendants.

They were also seeking punitive damages, injunctive relief against the two defendants, statutory interests, costs and any other relief deemed fit by the court.

In the plaintiffs’ statement of claims, they, among others stated that they had suffered losses and damage to their reputation.

The plaintiffs have in consequence been seriously injured in their character, credit and reputation and have been brought into public scandal, odium, contempt and hurt in their feelings.

They further said the said statements were circulated to make negative and false inferences. The plaintiffs had called four witnesses while the defendants had three witnesses.