Ramasamy ordered to pay over RM1mil for defaming Zakir

KUALA LUMPUR: Former Penang Deputy Chief Minister II P. Ramasamy has been ordered to pay more than RM1mil in damages for defaming controversial preacher Dr Zakir Naik.

The order was made by High Court judge Justice Hayatul Akmal Abdul Aziz after allowing two suits by Zakir.

The judge also ordered Ramasamy to pay the said amount to Zakir within 30 days from yesterday.Zakir: Joined online proceedings.

The two suits were filed respectively in October and December 2019.

Ramasamy attended court while Zakir joined online proceedings as he is in Nigeria for a talk.

According to BK, Justice Hayatul Akmal ruled that Zakir had succeeded in discharging his burden on defamation while Ramasamy’s evidence was primarily untenable to negate the two suits against him.

“I take the evidence by Ramasamy in his defence with an abundance of caution.

“I am unpersuaded by his arguments.

“In my considered determination, Zakir has satisfied three essential elements of the tort of defamation. Looking at the background and complete facts of the present case, the demeanour of Ramasamy in the context in which it was issued, five statements are undoubtedly defamatory that were actuated by malice and anger on the part of Ramasamy towards Zakir.

“Those impugned statements were personal attacks angled to disparage, ridicule and lower Zakir in the eyes of the general public,” she said.

The damages include RM1mil for general damages, RM100,000 for compensatory damages, RM100,000 for aggravated damages and RM250,000 for exemplary damages.

The judge ordered Ramasamy to pay RM70,000 in costs to Zakir.Ramasamy: Attended court.

At the end of yesterday’s proceedings, the judge also ordered Ramasamy to make a public apology to Zakir but Ramasamy’s counsel Razlan Hadri Zulkifli informed the court they would file an application to stay the order for the defendant to apologise to Zakir, pending their appeal to the Court of Appeal.

Zakir filed the first suit against Ramasamy over the politician’s four statements issued on April 10, 2016; Oct 1, 2017; Aug 11, 2019; and Aug 20, 2019.

The first statement made on April 10, 2016, was published on Ramasamy’s Facebook post.

The second statement was issued on Oct 1, 2017, through the article “Is Malaysia harbouring alleged fugitive Zakir Naik?”, which was published by online news portal Free Malaysia Today (FMT).

The third statement was made on Aug 11, 2019 through the article “Naik should not question the loyalty of Hindus in Malaysia”, which was also carried by FMT.

Ramasamy was also sued for a video interview which he gave to India-based media platform India Today on Aug 20, 2019.

Zakir also filed a second suit over comments made by Ramasamy in the article titled “DAP leader accuses Zakir camp of ‘faking’ Tamil Tigers revival” published in The Malaysian Insight on Nov 8, 2019.