Santiago liable for defaming Naik over LTTE arrests

Court orders apology, but no damages.

(FMT) – The High Court hearing a defamation suit brought by Muslim televangelist Zakir Naik against former Klang MP Charles Santiago in respect of two separate statements has ruled that one was defamatory of Naik, but not the other.

Justice Akhtar Tahir ruled that remarks Santiago made suggesting that 12 individuals were arrested under a preventive law following criticism by Naik over their alleged links to the Liberation Tigers of Tamil Eelam (LTTE) was defamatory of the preacher.

He said Santiago’s remarks were an expression of opinion which was merely speculative and had not been verified.

“The court therefore rules this statement made by the defendant (Santiago) to be defamatory against the plaintiff (Naik),” said the judge, who read out his broad grounds of judgment today.

However, he ruled that the statement did not tarnish Naik’s image.

“The remarks have, in fact, enhanced the reputation of the plaintiff (Naik) as being someone who is influential in Malaysia,” he said.

With both present in court at the judge’s direction, Santiago offered Naik an apology, which Naik accepted. The judge, however, made no award of damages against Santiago.

Naik’s complaint over second statement dismissed

Akhtar also dismissed Naik’s other complaint that Santiago had defamed him by urging the then Pakatan Harapan (PH) government led by Dr Mahathir Mohamad to consider whether Naik should be allowed to comment on Malaysia’s domestic politics.

Naik had, in a speech delivered in Kota Bharu, Kelantan on Aug 8, 2019, questioned the loyalty of Malaysian Hindus who, he claimed, preferred to support the prime minister of India rather than Malaysia’s own premier. He also said the Chinese Malaysians were “old guests” who should go back to their ancestral land.

In his ruling, the judge said Santiago’s statement was made in response to Naik’s speech, titled “The misconception of Islam by the non-Muslims”.

Akhtar said he read Santiago’s statement as an expression of his concern that it had the potential to cause racial riots and stir bitterness among Malaysians using a religious platform.

“The topic itself is inappropriate in the Malaysian context as there is nothing to suggest that there is widespread misconception of Islam by non-Muslims.

“The court feels that this is an unnecessary topic to be debated,” he said.

Akhtar said Naik had interposed his personal grievance of being asked to leave Malaysia when he made remarks about the Chinese community.

“The court, therefore, agrees with Santiago’s press statement that Naik’s remarks can cause a threat to multiracial Malaysia,” he said.

Akhtar ruled that Santiago’s statement was not defamatory but was, in fact, justified and fair.

The court also ordered both parties to bear their own costs.

Counsel Akberdin Abdul Kader and Rafie Shafie represened Naik, while lawyers SN Fam and Tan Tai Hwa appeared for Santiago.