A sessions court has thrown out a defamation lawsuit filed by former senator Dr RA Lingeshwaran against Urimai leader P Ramasamy over comments published in a Malaysiakini article two years ago.
Sessions Court judge Zulhazmi Abdullah ruled that Ramasamy was entitled to rely on the defences of fair comment and qualified privilege, and ordered Lingeshwaran to pay RM15,000 in costs.
The case stemmed from remarks made in a May 2, 2024 Malaysiakini article concerning a public debate over a proposal to open Universiti Teknologi Mara’s (UiTM) cardiothoracic surgery postgraduate programme with the National Heart Institute (IJN) to non-Malays, in an effort to address Malaysia’s shortage of heart surgeons.
In the disputed article, Ramasamy was responding to Lingeshwaran’s objection to the proposal, with two statements forming the basis of the lawsuit.
The remarks included criticism that Lingeshwaran “doesn’t have basic common sense” and that it was “not appropriate for him to be in the medical profession”.
The court found the first remark amounted to political commentary and did not defame Lingeshwaran, describing it as rhetorical criticism that would not damage his reputation as a senator or medical professional.
However, the judge said the second remark could be considered defamatory as it questioned Lingeshwaran’s suitability in the medical field.
Despite this, the court ruled that the statement was protected under fair comment and qualified privilege, noting that the subject matter involved public interest, particularly the shortage of specialist heart surgeons and broader healthcare concerns.
Judge Zulhazmi also said Lingeshwaran failed to prove malice, adding that only the plaintiff testified during the trial and no supporting evidence was provided to suggest improper intent.
He further noted that Ramasamy, given his academic and professional background, was entitled to express his views on the matter of public concern, while Lingeshwaran remained free to respond in the public domain.
Lingeshwaran was represented by lawyer Keshvinjeet Singh, while Ramasamy was represented by Shamsher Singh Thind. The former senator has indicated he intends to appeal the decision to the High Court.
