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Wednesday November 11, 2009

Court dismisses Fazura’s libel suit


KUALA LUMPUR: Actress and TV host Nur Fazura Sharifuddin (pic) has lost her defamation suit against a publisher and reporter of Mingguan Warta Perdana in relation to an 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 about her were defamatory and meant to embarrass her.

The tabloid published an article entitled Fazura rela dipenjara (Fazura willing to be jailed) over an assault case which was then pending at a magistrate’s court here. She was acquitted last September of assaulting a housewife.

It also quoted her as saying, “Saya tidak takut dengan hukuman sekiranya saya didapati bersalah melakukan perbuatan tersebut (I am not afraid of being punished if I am found guilty of committing the offence).”

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

The judge said he could not accept lead counsel Fakhrul Azman Abu Hassan’s submission that the words, had among others, meant that the plaintiff agreed or was not bothered about being jailed, admitted to her assault charge and was a prideful person.

“An ordinary man will not refer to a dictionary when he reads a newspaper. A man with a reasonable intelligence will understand the meaning of those words. He does not need to find the hidden meaning of the words,” he said.

Fazura had named the tabloid’s publisher Perdana Production House Sdn Bhd and 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 reminded the media should be more responsible in their reports and not publish anything to enjoy profits without considering journalism ethics.

“The actions of the defendants showed that they only gave priority to financial gains and to boost sales of the tabloid,” he said.

Speaking to reporters later, Fazura, 26, who had acted in eight films and over 15 dramas, said she was shocked by the verdict and would discuss with her lawyer whether to appeal.

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