Mahathir v Anwar defamation: : Anwar's decision to assert that Mahathir has no reputation to defend quite likely means damages, costs ordered against him in short order

by Ganesh Sahathevan 

In defence of a claim for defamation brought against him by former Prime Minister Mahathir Mohamad, Anwar Ibrahim asserts that Malaysia's longest serving prime minister, reelected to office in 2018 in his mid 90s, has no reputation to defend. According to FMT Anwar's statement of defence states:

“(The) statements would not lower, injure or reduce his (Mahathir’s) reputation in the mind of the right-thinking members of society, especially the Malaysian public....”

   Anwar's decision to assert that Mahathir has no reputation to defend quite likely means damages and costs ordered against him in short order.                                The "no reputation to defend" defence is often argued but  seldom if ever relied on as the killer blow for it is almost impossible to justify. In this case it does seem kamikaze-like.

It would therefore  be a waste of the court's time to take any other cause of action other than to strike out the defence. It does appear that an assessment of damages is all that is left for the court to determine. 

FMT says that "Anwar is also relying on the defence of justification, fair comment, qualified privilege and free speech as guaranteed under Article 10 of the Federal Constitution."

Those defences appar to be based on the "no reputation" argument, so are also likely to be capable of being struck-off. 

TO BE READ WITH 




Anwar Ibrahim says Dr Mahathir Mohamad’s malicious and baseless attacks on the present government are an attempt to redeem himself politically at any cost.
V Anbalagan - 15 Jun 2023, 10:23am

Dr Mahathir Mohamad (left) is suing Anwar Ibrahim for comments made at the PKR special national congress on March 18.

SHAH ALAM: Dr Mahathir Mohamad, who has filed a RM150 million suit against Anwar Ibrahim over statements the prime minister allegedly made calling him a racist and saying he had enriched his family while in office, is lacking in reputation and credibility.

Instead, Anwar states that Mahathir’s credibility has been, and will always be, judged based on his own conduct.

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FMT“His malicious and baseless attacks on the present government led by the defendant (Anwar) is an attempt to redeem himself politically at any cost,” the Pakatan Harapan chairman and PKR president said in his defence.

That includes “instigating racial turbulence and undermining political, economic and social stability, (which) has led to him to no longer be perceived as a credible person.”


In his defence statement, filed by solicitors Thomas Philip yesterday and sighted by FMT, Anwar further claims that Mahathir, 97, has destroyed his own reputation.

In his statement of claim filed earlier, Mahathir alleged that Anwar had spoken in his capacity as prime minister and, as such, his comments had a far more devastating effect on him compared to similar statements made by ordinary citizens.

Mahathir said the allegations eroded his status as a statesman and a former prime minister.

He said Anwar’s alleged defamatory statements were intended to dent his image among members of the public as they were viewed and heard by a wide spectrum of people.

In his defence, Anwar said Mahathir engineered the growth of an authoritarian political culture during his tenure as prime minister between July 1981 and October 2003.

He said Mahathir’s administration was marred by numerous corruption and financial scandals, repeated efforts to curb the freedom of speech, political dissent and attacks on the Malaysian judiciary as well as the rule of law.

He also said Mahathir’s suit was an abuse of the court’s process as it was filed with an ulterior purpose and motive.

Anwar said Mahathir had filed the defamation suit to undermine his credibility as the sitting prime minister and that of the present federal government. It was also brought to create racial divide in view of the upcoming state elections for Selangor, Negeri Sembilan, Penang, Kelantan, Terengganu and Kedah.

“The impugned statements (made during the PKR special national congress on March 18) were a reply to incessant, unfounded and malicious attacks by the plaintiff (Mahathir) on the defendant (Anwar) and the current government,” he said.

Anwar said the statements were neither defamatory nor capable of bearing any defamatory meaning.

“(The) statements would not lower, injure or reduce his (Mahathir’s) reputation in the mind of the right-thinking members of society, especially the Malaysian public,” he said.

Anwar is also relying on the defence of justification, fair comment, qualified privilege and free speech as guaranteed under Article 10 of the Federal Constitution.

Lawyer Rafique Rashid Ali said he would get in touch with Mahathir, who is in London on speaking engagements, to obtain instructions.