KUALA LUMPUR (May 31): Jaringan Melayu Malaysia (JMM) president Datuk Azwanddin Hamzah, who is facing a defamation suit by P Waytha Moorty Ponnusamy, has defended his use of racial slur against the national unity and social wellbeing minister.

According to a statement of defence filed by Azwanddin, he has relied on the defence of qualified privilege, fair comment, and that the word used when describing Waytha Moorty at a rally on Dec 25 last year were without malice, bona fide and taken out of context.

"The defence pleads that the word in question can not be interpreted as slander as pleaded by the plaintiff," the statement said.

Azwanddin said the word was fair comment with regard to public interest, namely the suitability of actions by Waytha Moorty as a Cabinet member partly due to his handling of the Subang Jaya Seafield temple riot in November last year.

"Criticism and ways of expression in a political discourse which includes weaknesses of a leader is a reasoning for qualified privilege," the statement added.

The statement went on to say that Azwanddin was encouraged by the crowd to use the racial slur.

"The [word was] cited by the crowd and the defendant only repeated what was chanted by the crowd," it said, adding that the word is not the main point of the speech but was mentioned in passing after incited by the crowd.

Earlier today, High Court judge Rohani Ismail set the hearing date for the defamation suit on Aug 16 this year.

This was confirmed to reporters today by counsel Annou Xavier, who acted on behalf of the minister. Meanwhile, Azwanddin was represented by lawyer Sarah Abishegam.

In the defamation suit filed on March 13, Waytha Moorty claimed that Azwanddin had used defamatory word against him in a speech during an assembly on Dec 26 last year, and that the word was republished on print and digital media.

The minister is seeking an injunction to prevent Azwanddin or his agents from repeating the alleged defamatory word, as well as general, exemplary and aggravated damages, costs and other relief the court deems fit.

"So far, as of today, no settlement [was offered] from Datuk Azwanddin," said Xavier.