I did not defame Guan
Eng, says Muhyiddin
The former prime minister says he only referred to Lim Guan Eng in his capacity as finance minister in the Pakatan Harapan government.
The Bersatu president and Perikatan Nasional (PN) chairman told the High Court he only referred to Lim in his capacity as finance minister in the Pakatan Harapan (PH) government, which held power between May 2018 and February 2020.
Muhyiddin, who was prime minister in a PN-led administration between March 2020 and August 2021, said he had in February 2021 received an appeal letter from the foundation’s chairman, Syed Mokhtar Al-Bukhary.
He said the letter claimed that the Inland Revenue Board (LHDN) no longer recognised the tax-exempt status secured when Barisan Nasional was in power prior to its ouster in 2018.
he said in his witness statement.The non-recognition of the tax-exempt status surely would have happened when PH was the government and the plaintiff (Lim) was finance minister,
In his defence statement, Muhyiddin admitted to referring to Lim in the three statements he had made. However, Muhyiddin said he only referred to Lim in his capacity as the holder of public office and as the minister ultimately in charge of LHDN.
He denied that the statements referred to Lim in his personal capacity.
In his witness statement read in court today, Muhyiddin said Yayasan Al-Bukhary’s tax-exempt status covered the years 2016 to 2018. He said the foundation’s appeal letter indicated that LHDN intended to subject it to the payment of tax.
Muhyiddin denied that his three statements had lowered or injured Lim’s reputation as claimed.
he said.It has nothing to do with his personality. I was only giving an explanation after I was questioned by the Malaysian Anti-Corruption Commission (MACC) on March 9 last year,
Muhyiddin said he had given a statement to MACC regarding the Jana Wibawa project, initiated by his administration as a Covid-19 stimulus initiative to help Bumiputera contractors, and over the tax exemption given to the foundation.
He said he referred the foundation’s letter to then finance minister, Tengku Zafrul Aziz, as LHDN came under the treasury.
Cross-examined by Lim’s lawyer Guok Ngek Seong, Muhyiddin said that based on his understanding of the contents of the letter, the exemption was withdrawn when PH was in power.
He disagreed with Guok that the statements were made to deflect problems arising from his investigation by MACC, which resulted in his prosecution for alleged abuse of power and money laundering.
Lim filed the suit on March 27 last year, seeking an apology and the retraction of the three allegedly defamatory statements made by Muhyiddin on Facebook and in major newspapers and portals.
He said that in their natural and ordinary meanings, the statements, made between March 9 and 12, were meant to show that he had abused his position and power by authorising the imposition of taxes and penalties on a welfare foundation.
He said the statements were also meant to depict him as racist, anti-Malay, anti-Islam and a vindictive person, and as having acted in bad faith.
Muhyiddin is relying on the defences of justification, fair comment and qualified privilege to defeat Lim’s suit.
The hearing before judicial commissioner Roz Mawar Rozain has been adjourned to tomorrow.
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