JUDGMENT
Introduction
[1] This is a defamation trial heard over 4 days from 10 April 2023 to 13 April 2023. Oral submissions by Counsel were held before me on 23 June 2023. Decision was reserved. I delivered the decision with full grounds on 30 June 2023.
[2] The trial arose out of a notorious poison pen letter or surat layang in its more colourful Malay language ["Poison Pen Letter"]. Unlike olden days' version of snail mail with its more limited and slower circulation via the postal system, the Poison Pen Letter went viral via social media, email and WhatsApp. Recipients local and overseas received them fast and furious.
[3] The Poison Pen Letter led to a series of traumatic events which severely impacted the life and career of the plaintiff who is a prominent and well-respected arbitrator, and at that time the Director of the Asian International Arbitration Centre ["AIAC"] based in Kuala Lumpur, Malaysia.
[4] He was arrested by the Malaysian Anti-Corruption Commission ["MACC"] at the KL International Airport upon his return from Zurich, Switzerland, spent a night in the MACC lockup and was subsequently charged with offences related to the contents of the Poison Pen Letter. He also "resigned" as Director of the AIAC.
[5] The background facts on his arrest and charge can be found in the grounds of judgment of the Federal Court (Sundra Rajoo Nadarajah v. Menteri Luar Negeri, Malaysia & Ors [2021] 5 MLRA 1) where the Federal Court held that he enjoyed immunity from criminal proceedings by virtue of his position as Director of the AIAC.
[6] The Poison Pen Letter is dated 28 September 2018, written in English and unsigned. [See Amended Statement of Claim Appendix A]. There is another version of the Poison Pen Letter dated 1 October 2018 with similar contents which were also sent anonymously in hard copy to the MACC on 8 October 2018.