Wednesday, July 04, 2007

So it’s no longer defamatory to call him that?

There was a High Court ruling today which said that the former deputy prime minister was not defamed by his former boss who called him a "sodomiser".

The ruling, albeit without a full trial, stated that the term as used was justified and uttered in the interest of the public.

This defamation suit, to the amount of RM100 million, is the second such suit by the former deputy premier against the former premier.

The judge today pointed this out and said the words uttered were identical to the words complained of in the 1999 defamation action.

She then said the findings of the High Court in 1999 to dismiss the suit was applicable now as well.

But more damaging, she said that there was a judicial finding that the former deputy prime minister had indeed taken part in homosexual acts.

She was referring to the finding made by the High Court when the politician was convicted on the charge of sodomosing his former family driver. This conviction was upheld by the Court of Appeal and although a further appeal was allowed by the Federal Court by a majority decision.

But this part of the original ruling was never in dispute:

"... we find evidence to confirm that the appellants were involved in homosexual activities and we are more inclined to believe that the alleged incident at Tivoli Villa did happen, sometime..."

Now, my question is this.

With the standing High Court decision and the civil court ruling today, would it mean that we can use the alleged defamatory term against the former deputy premier without defaming him!

Of course, we shall await his appeal to the Court of Appeal against the defamation suit for better clarification.

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