GEORGE TOWN, Dec 4 — The High Court today ruled that remarks made by Kepala Batas MP Siti Mastura Muhammad linking prominent political figures Tan Sri Lim Kit Siang, his son Lim Guan Eng, and Seputeh MP Teresa Kok to the late Communist Party of Malaya leader Chin Peng and Singapore’s Lee Kuan Yew, were defamatory and uttered with malice.

In a decision delivered via Zoom today, judge Datuk Quay Chew Soon ruled that Siti Mastura’s statements were defamatory and that her defences — including fair comment, qualified privilege, and innocent dissemination — were not proven.

“I therefore award the following global damages: RM300,000 in favour of Lim Kit Siang, RM250,000 in favour of Lim Guan Eng, and RM200,000 in favour of Teresa Kok,” he said, adding that the plaintiffs would also be entitled to a 5 per cent interest on the sum from the date of judgment until full payment is made.

The judge also issued an injunction restraining the defendant from repeating or publishing similar defamatory remarks against the plaintiffs in the future.

As for legal costs, Siti Mastura was ordered to pay RM25,000 each to the three plaintiffs, given that the three suits were heard together, thus saving costs.

In explaining the differences in the damages awarded to the plaintiffs, the judge pointed out that it was appropriate to award higher damages to Kit Siang, taking into account his long-standing public stature and his conferment of the “Tan Sri” title by the King.

“The impugned words have more to do with the Lim family as compared to Kok,” he said.

Quay said he was satisfied that Siti Mastura’s remarks had exposed the plaintiffs to hatred and public opprobrium that went beyond the realm of mere political criticism.

“Criticism of political opponents is legitimate only if it does not cross into the realm of defamation,” he stated.

He explained that the remarks linking the plaintiffs to a communist leader insinuated that they were supportive of communism.

“What we have here is not an innocuous remark that one is the cousin of another; these are defamatory remarks.

“A reasonable person would understand the sinister insinuation behind the allegations linking the plaintiffs to a communist leader,” he added.

The judge further found that the remarks were actuated by malice, calling them “extreme, baseless, reckless, and defamatory.”

He noted that, as a veteran politician and MP Siti Mastura should have been more circumspect in her speech.

Her reference to Lee Kuan Yew as “Lim Kuan Yew” to lend credibility to her narrative was described as an act of bad faith.

Siti Mastura’s reliance on an unverified publication also drew criticism.

“Despite holding a PhD with good research practices, she relied on a campaign book that was unverified, without a publication year, author, publisher, or ISBN number,” the judge said.

“The origin of the book is a mystery, and anyone could have produced it and labelled it as a Barisan Nasional communications publication.”

Siti Mastura filed her statement of defence in January, asserting that the allegations she made were based on facts from the book “Bahan Kempen, Komunikasi Barisan Nasional” (Campaign Material, Barisan Nasional Communications).

She also claimed that her remarks were based on truth.

The defamation suits were filed by the Lim father-and-son as well as Kok on November 27, 2023, over a speech made by Siti Mastura during the Kemaman by-election campaign.

The DAP trio claimed that Siti Mastura had defamed them by linking them to Chin Peng and Lee Kuan Yew.