MOHD AMAR BIN MOHAMED v SHARIFAH AISYAH BINTI SYED MOHAMED
wa-23ncvc-113-12-2021 High Court (Mahkamah Tinggi) 16 December 2025 • WA-23NCvC-113-12/2021 • 3 min read
Catchwords
This case concerns a defamation action by a former husband against his former wife over statements in a police report lodged during a custody dispute. The Defendant's report alleged the Plaintiff had taken their two children and consumed prohibited substances. The High Court dismissed the claim since the Plaintiff failed to prove publication to any third party; the statements, read in context, were not capable of bearing defamatory meaning as they constituted a mother's plea for police assistance; and the defence of absolute privilege applied to police reports lodged under section 107 of the Criminal Procedure Code, following Lee Yoke Yam v Chin Keat Seng [2012] 9 CLJ 833. The defences of justification and fair comment also succeeded. Defamation; police report; absolute privilege; publication; section 107 Criminal Procedure Code; justification; fair comment; Defamation Act 1957
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Judgment
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Read on eJudgmentSource: eJudgment (wa-23ncvc-113-12-2021)