A three-member bench comprising Justices Vazeer Alam Mydin Meera, Mariana Yahya and Wong Kian Kheong allowed Mahfuz’s cross-appeal for the damages to be increased from RM50,000 to RM120,000.
The bench dismissed Sanusi’s appeal to set aside the High Court’s decision, made on Nov 8, 2021, which ordered him to pay damages to Mahfuz after allowing Mahfuz’s defamation lawsuit.
Vazeer said there was no error by the High Court judge in his findings on liability, but said the quantum of damages awarded to Mahfuz was low.
He also ordered Sanusi to pay RM10,000 in legal costs.
Lawyer Yusfarizal Yussoff, for Sanusi, and Noorazmir Zakaria, representing Mahfuz, confirmed the Court of Appeal’s decision, delivered via an online proceeding today.
In November 2021, High Court judicial commissioner Arief Emran Arifin allowed Mahfuz’s defamation suit and ordered Sanusi to pay him RM50,000 in damages.
Arief also granted an injunction order to restrain Sanusi or his agents from further publishing defamatory words against Mahfuz.
Mahfuz filed the suit on Oct 9, 2019 over a post made by Sanusi on his Facebook account on July 30 the same year, linking Mahfuz, as then Pokok Sena MP, to the opening of a Sports Toto outlet in the area.
Mahfuz also claimed that Sanusi posted a video on his Facebook account on July 27, 2019, which showed a group of individuals protesting the opening of a Sports Toto outlet in Pokok Sena, while holding a banner bearing Mahfuz’s name.
Yusfarizal said he would discuss with his client whether to file leave to appeal to the Federal Court.
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