PUTRAJAYA, Oct 14 — The Court of Appeal today reserved its judgment in Home Minister Datuk Seri Saifuddin Nasution Ismail’s appeal against the Alor Setar High Court decision ordering him to pay RM600,000 in damages to Kedah Menteri Besar Datuk Seri Muhammad Sanusi Md Nor for defamation.
The defamation case concerns statements regarding rare earth elements (REE) and misappropriated funds allocated under the Malaysian Road Records Information System (MARRIS).
A three-member bench led by Judge Datuk Azhahari Kamal Ramli deferred its decision after hearing submissions from Saifuddin Nasution’s counsel Razlan Hadri Zulkifli and counsel Yusfarizal Yussoff, who represented Muhammad Sanusi.
“We have fixed Oct 16 for case management to set a date to deliver the decision,” said Justice Azhahari Kamal, who sat with Justices Datuk Ong Chee Kwan and Datuk Seri Mohd Radzi Harun.
On Aug 24, 2025, the Alor Setar High Court allowed Muhammad Sanusi’s suit against Saifuddin Nasution after finding the latter liable for defamation.
The court awarded Muhammad Sanusi RM600,000 in global damages, comprising general, aggravated and exemplary damages, plus RM70,000 in costs.
Earlier, Razlan Hadri submitted that if the court found that either statement did not convey the actionable meaning on which the High Court had imposed liability, Muhammad Sanusi’s claim in respect of that statement should be dismissed.
“If a narrower defamatory meaning survives, justification and fair comment fall to be determined against that narrower meaning and the factual substratum established in the evidence,” he said.
Meanwhile, Yusfarizal contended that the finding was consistent with Muhammad Sanusi’s own submissions at the High Court, where it was argued that political success was not a measure of reputational harm in a defamation action.
“The High Court judge had expressly and unreservedly accepted that submission. The appellant’s (Saifuddin Nasution) submission on appeal, if accepted, would mean that no successful politician could ever recover for defamation, which is not and has never been the law.
“I respectfully submit that the appeal ought to be dismissed with costs, and the High Court’s decision, including the awards of damages and the ancillary relief granted, ought to be affirmed in its entirety,” he said.
On Aug 3, 2023, Muhammad Sanusi filed a lawsuit against Saifuddin Nasution, alleging that the defendant had spoken to the press after an official event in Penang on July 14 the same year.
He claimed Saifuddin Nasution made the MARRIS statement at that press conference, alleging in substance that the plaintiff had used funds allocated under the system, statutorily earmarked for road maintenance, for development purposes.
Muhammad Sanusi, who is the Jeneri MP, said Saifuddin Nasution made the statement during an election rally on July 15, 2023, at Padang Awam, Guar Chempedak, Yan, alleging that he had stolen REE. — Bernama