Mustafa Ali, four others lose appeal against RM100k defamation award to Felda
(Bernama) – The Court of Appeal here today upheld a High Court decision ordering PAS secretary-general Datuk Mustafa Ali and four others to pay RM100,000 in damages to the Federal Land Development Authority Felda).
The appellants were found liable for defaming Felda through two articles insinuating that the agency had sold its crude palm oil to Israel.
In the case with Mustafa were Harakah editor-in-chief Ahmad Lutfi Othman, editor Taufek Yahya, article writer Mohd Arif Atan and printer Harakah Angkatan Edaran Ent Sdn Bhd.
Justice Datuk Abdul Aziz Abdul Rahim, Datuk Rohana Yusof and Dr Prasad Sandosham Abraham also dismissed Felda’s appeal against National Felda Settlers’ Children’s Association (Anak) president Mazlan Aliman.
On April 30 last year, Justice Lee Heng Cheong ordered Felda to pay RM30,000 in legal costs to Mazlan after ruling that he had successfully proved his defence of qualified privilege and fair comment.
“We agreed with the finding of fact by the High Court which does not merit our intervention. No order to costs (for both appeals),” said Abdul Aziz who led the panel.
Counsel Datuk Mohd Hafarizam Harun represented Felda while Azhana Mohd Khairuddin acted for the six defendants.
On January 7 2013, Felda sued the six and former Parti Keadilan Rakyat (PKR) secretary-general Datuk Saifuddin Nasution Ismail over two articles.
The articles, “2,000 Himpun Bantah Felda Jual Minyak ke Israel (2,000 Protest Felda’s Sale of Palm Oil to Israel)” and “BN Jangan Tipu Rakyat (BN, Don’t Cheat the People)” were published on November 27, 2012, by Suara Keadilan.
Felda in its statement of claim had alleged that Mazlan uploaded on his Facebook page on November 19, 2012, a photograph of an invoice and a caption that was defamatory to Felda.
It had also alleged that the defendant made the same statement during a gathering in front of the Felda office four days later (November 23, 2012).
Felda had further alleged that the statement was republished by the second to sixth defendants in several Harakah newspaper articles between November 26 and 29, 2012.
It had contended that the statement tarnished Felda’s reputation; that the defendants intentionally did so to achieve their personal agenda to undermine public faith in Felda.
However, Saifuddin on April 21, 2013 reached a consent judgment over the defamation suit and agreed to withdraw any imputations caused by the impugned articles in the party’s newspaper Suara Keadilan.
He also agreed to accept and acknowledge that Felda’s IFFCO Oil Product Sdn Bhd sent shipments to Palestine and not Israel on March 2010; that Felda never sold crude palm oil to Israel or any Israel-owned companies, and that Felda and Felda IFFCO Oil Products Sdn Bhd were two separate legal entities.
