The Kuala Lumpur High Court today ruled that actress Zahida Mohamed Rafiq, who is allegedly linked to a top Umno leader, has defamed her former driver Noor Azman Azemi and ordered her to pay RM150,000 in damages.

 

The decision was made by Justice Hue Siew Kheng who also dismissed Zahida's counter-claim and her defence of justification.

In addition, the judge ordered Zahida to pay RM40,000 in costs.

Justice Hue said Zahida's statements in Harian Metro were defamatory.

 

Noor Azman ( right ) filed the law suit in 2013 claiming that the actress, who acted in 'Anak Mami The Movie', had wrongfully and with bad intention given defamatory statements in an article published by the tabloid.

 

He claimed that Zahida had allegedly accused him of running away with money she gave him to deposit into her bank account.

 

Noor Azman contended that the statements had portrayed him as not trustworthy, a thief and a criminal, and gave him a bad reputation, jeopardising his chances of getting jobs.

 

He had previously testified in the court case that the actress had an alleged affair with Rural Development Minister Shafie Apdal. He also denied that Zahida had given him RM200,000 in cash.

 

Noor Azman said he was instead asked by Zahida  to deposit a RM120,000 cheque into her bank account.

 

Shafie, who is Umno vice-president, had denied in 2012 that he had a relationship with the actress.

 

Separately, Noor Azman, who is now a taxi driver, has been charged with criminal breach of trust over the RM200,000 cash. This case is set on March 23.

 

Zahida was represented by Sarah Abishegam from Muhammad Shafee Abdullah's law firm, while Noor Azman who filed the suit three years' ago was represented by Latheefa Koya and Shahid Adli Kamaruddin

 

Fabricated invoice

 

Justice Hue in ruling that the actress had defamed her former driver also found that Zahida had fabricated an invoice in her testimony in court.

 

“She had presented various versions regarding the source of the RM200,000. There is a contradiction in evidence given by Zahida and businessman and Puncak Utas owner Shaheful Ardan Adenan with regards to the money.

 

“Zahida ( right in photo ) claimed it was commission for her loan of RM20,000 given to the businessman. She claimed the money was part of a profit of RM243,000 which Shaheful gave as a return on her investment.

"However, the businessman in his testimony said the RM200,000 was given as ‘wang ihsan’ (complimentary money).”

 

The judge further said the evidence of the defence witnesses hence should be treated with caution and the court must determine whether it independently corroborated with each other.

 

“Unfortunately I do not find it here. It is also my finding that the invoice marked D2 is fabricated by the defendant in an attempt to corroborate the defendant's version of the source of the monies,” she disclosed.

 

Following this, Justice Hue allowed total damages of RM150,000 but did not allow the request by Noor Azman's lawyers for aggravated damages.

 

After the judge had completed her verdict, Sarah immediately applied for a stay. However Justice Hue did not allow the oral application as some courts require a formal written application.

 

Noor Azman, who is an Umno Youth division committee member, said he felt vindicated after a three year wait.

 

Latheefa ( left ) said following the judge's finding of fabricated evidence, they would consider making an application to further cite Zahida for giving false evidence, and raise this issue in Noor Azman's CBT case next month.

 

It was previously reported that during trial of this defamation case, Noor Azman was harassed by police who threatened to arrest and charge him as he was about to give his testimony.