Hornbill Unleashed

November 30, 2016

Court allows Najib, Rosmah’s appeal to strike out Rafizi’s fair comment defence

Filed under: Politics — Hornbill Unleashed @ 8:01 AM

Image result for najibNajib Razak and his wife Datin Seri Rosmah Mansor succeeded in their appeals today to strike out a defence of fair comment by PKR vice-president Mohd Rafizi Ramli and an online news portal owner in their defamation lawsuit over oil subsidy.

A three-man bench chaired by Justice Datuk Rohana Yusof unanimously allowed the appeals by  Najib and Rosmah after the court agreed with the issues raised by their counsel during submissions yesterday.

The court set today to deliver its decision after hearing submissions yesterday.

The other two judges on the panel were Tan Sri Idrus Harun and Datuk Mary Lim Thiam Suan.

Najib and Rosmah sued Mohd Rafizi, who is also Pandan member of Parliament, over his statement allegedly disparaging them at a forum on oil subsidy in Bandar Tun Razak on Nov 22, 2014.

They alleged that Mohd Rafizi’s speech was recorded by Media Rakyat and uploaded by Chan or his assistant on Media Rakyat’s YouTube and portal.  Najib and Rosmah further alleged that Chan had also shared the recording in Media Rakyat’s Facebook account which could be freely accessed by Internet users worldwide.

The couple is seeking general, aggravated and exemplary damages deemed fit by the court, interest and costs.

Najib and his wife sought to strike out the fair comment defence on grounds that the disputed words were “statement of facts and not statement of comments”.  After the decision, counsel Razlan Hadri Zulkifli who represented Mohd Rafizi and Chan said he would seek instructions from his clients on whether to bring the matter up to the Federal Court.

He said following today’s court of appeal’s decision, his clients were not allowed to raise the defence of fair comment during the trial.  However, their defence of qualified privilege and other defences are still intact, according to him.

Meanwhile, lawyer Wan Azmir Wan Majid who represented Najib and Rosmah, told reporters that the matter had been fixed for case management on Dec 8.

Source : The Borneo Post Online



  1. It is worrisome to see millions of illegal foreigners in this country

    They are free roaming and contributing lots of social problem but yet ours are too lenient to them , too symphatic

    It is worrisome under Najib the country economy are on the free falls

    And yet the peoples and the Rulers still defending Najib till their last breath


    It is worrisome under Najib regime , in the next 5 years , Malaysia will be exporting maids to Indonesia, The Philippines and The Middle East

    Please wake up Malaysian!

    Comment by Samarinda — December 7, 2016 @ 10:33 AM | Reply

  2. If you really and sincerely want to solve the rakyat’s problems and not only your dumb, deaf and mute UMNO problems, please lah Najib be a good gentleman to step down and let others take over. They are better educated, non-corrupters, they won’t steal people’s money and amass wealth. They know how to lead the nation in a much, much, much better way. Enough is Enough Najib please go.

    Comment by mohan — December 4, 2016 @ 3:48 PM | Reply

  3. When the law no longer protects you from the corrupt, but protects the corrupt from you – you know your nation is doomed!

    Comment by Ervin — December 2, 2016 @ 9:41 AM | Reply

  4. Perangai Najib Sebenar, yang Ramai Rakyat Malaysia Tak Tahu.

    Comment by Ervin — December 1, 2016 @ 10:55 AM | Reply

  5. Why are UMNO members clamouring for Trump now; they were all harping on Hillary Clinton to win and not a word about Trump then. Now that he has won, all UMNO bigots, the fat woman, the PM, KJ and others want to emulate his unique way of winning. UMNO does not need to copycat his way, all you need is to behave themselves, get rid of Najib, Tajuddin, Jamal Yunos, Noh Omar, the KL UMNO Youth leader and his deputy because they are the curse of Malaysians. With all these removed the good will fall in place again. These UMNO dummies were all rooting for Hilary Clinton because MO1’s dedak had also been fed to her campaign. Now these same unprincipled and uncouth monkeys are praising Trump to sky high because they are scared President Trump will pursue the DOJ case and he will get the thief to face the law in the US. BTW Khairy, if you fellas have half the brain that Trump has this country will not be in this terrible shape and the thief will not be singing sha la la la!

    Comment by almaz — November 30, 2016 @ 4:54 PM | Reply

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