Published: Tuesday November 10, 2009 MYT 3:24:00 PM
Updated: Tuesday November 10, 2009 MYT 5:57:17 PM

Actress Nur Fazura loses her defamation suit (Update)

By M. MAGESWARI

mages@thestar.com.my

KUALA LUMPUR: Actress Nur Fazura Sharifuddin has lost her defamation suit against the publisher and a reporter of Mingguan Warta Perdana in relation to her assault charge.

High Court judge Justice Balia Yusof Wahi ruled that Fazura had failed to prove that the words published by the tabloid on May 29, 2005 on her were defamatory and meant to embarrass her.

The tabloid published an article entitled Fazura rela dipenjara (Fazura willing to be jailed) over the assault case which was then pending at a Magistrates Court here.

It also carried a quotation on her stating “Saya tidak takut dengan hukuman sekiranya saya didapati bersalah melakukan perbuatan tersebut (I am not afraid of the sentence if I am found guilty of committing the offence).”

Fazura was acquitted last September of assaulting a housewife.

In dismissing the TV host’s claim with costs on Tuesday, Justice Balia said he found that those words only portrayed her as a person who is “firm, determined, confident and brave to face any possibilities.”

In elaborating, Justice Balia said he could not accept the submissions by the actress’ lead counsel Fakhrul Azman Abu Hassan that the words, among others, meant that the plaintiff agreed to or was not bothered about being jailed, admitted to her assault charge and was a proud person.

“An ordinary man will not refer to a dictionary when he reads a newspaper. A man with reasonable intelligence will understand the meaning of those words. He did not need to find the hidden (tersirat) meaning of the words,” he said, adding that to interpret the words in a different manner would not be accurate.

“In the circumstances of this case as the action of defamation was not proven, the court decides that the issue of damages does not arise in my ruling,” he added.

Fazura, who filed the suit at the High Court civil registry on Aug 30, 2005, named the tabloid’s publisher Perdana Production House Sdn Bhd and the article’s writer Haslinda Hashim,31, as defendants.

In her statement of claim, she sought a public apology from the defendants and RM500,000 in damages with interest and costs.

Justice Balia also said that he was not impressed with the evidence given by two defence witnesses, especially over the recording of the interview by the writer in her assignment book.

He also commented that the actions of the defendants showed that they only gave priority to financial gain and to boost sales of the tabloid.

“I wish to remind that the media should be more responsible in preparation of reports and not to publish report to enjoy profits without considering journalism ethics. The media has to open the eyes of the people by reporting the truth and not by sensationalising things,” he added.

Speaking to reporters later, Fazura, 26, said she was shocked to hear the way the court interpreted those words which she believed had tarnished her reputation.

The star, who had acted in eight films and over 15 dramas, said she would discuss with her lawyer whether to appeal the court ruling.

In her testimony on Monday, the first day of trial, Fazura told the court that she had failed to clinch contracts with some companies after the article came out, among them a RM100,000 contract with a cosmetic company.

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