Federal Court grants leave to appeal to Zahida Rafik's former driver

PUTRAJAYA: The Federal Court today granted leave to appeal to a former driver of actress Zahida Rafik against an appellate court's decision that set aside the RM150,000 damages awarded to him in a defamation lawsuit.
A three-man panel led by Chief Justice Tun Md Raus Sharif allowed Noor Azman Azemi's application to obtain leave to appeal on a single legal question to be determined by the apex court.
The question is whether the publication of the contents of a police report by its maker to the public at large is protected by absolute privilege.
The other two judges were Chief Judge of Malaya Tan Sri Ahmad Maarop and Federal Court Judge Datuk Balia Yusof Wahi.
On May 16, this year, the appellate court set aside a High Court decision which allowed Noor Azman's claim for defamation and had ordered Zahida to pay RM150,000 in damages to him (Noor Azman).
The Court of Appeal had also allowed the 42-year-old Anak Mami The Movie actress' appeal on her counter-claim against Noor Azman and ordered him to return the RM200,000 to her.
Noor Azman, now a driver for a private company, sued Zahida claiming the actress had wrongfully and with bad intention given defamatory statements in an article published in a Malay tabloid on March 3, 2012 over the loss of RM200,000.
Zahida then filed a counter-claim against Noor Azman for the return of the RM200,000.
On Feb 26, 2015, the Kuala Lumpur High Court allowed Noor Azman's claim, ruling that he had successfully proven defamation on a balance of probabilities.
The High Court had however dismissed Zahida's counter-claim.
Lawyer Datuk Seri Gopal Sri Ram represented Noor Azman, while counsel Tan Sri Dr Muhammad Shafee Abdullah represented Zahida. — Bernama