Remengesau sued Diaz in November last year for making defamatory remarks that the firmer allegedly used public funds.
In an 11-page decision, Chief Justice Arthur Ngiraklsong ruled that Remengesau is considered a “public official” at the time the statement was broadcasted by Diaz.
“Indeed if Remengesau was not a public official then no public official would exist in the executive branch other than the president and such cannot be the case,” Ngiraklsong stated.
In the said broadcast, Diaz cited that Remengesau, who is the brother of the former president has allegedly stated that “there are some funds somewhere within the government that can be used to build a road to the president’s mansion located in Choll, Ngaraard.”
Diaz cited an anonymous letter in the said broadcast.
The decision stated that the characterization of a public official is at least those governmental employees who have or appear to have substantial responsibility or control over the conduct of governmental affairs.
The ruling said, Remengesau as a national planner at that time had substantial responsibilities and duties in the national government.
Remengesau, being a public official has the burden of proof that Diaz acted in reckless disregard over the statement.
But, he failed to present evidence that Diaz knew that the statement was false at the time of the broadcast.
The court did not find Diaz’s statement defamatory or that the senator, who is also a broadcaster explicitly accused Remengesau of embezzlement.
“The fundamental right of free expression and free press is upheld. No one should hesitate to criticize the government or public officials for fear of making a mistake. When this fundamental right is exercised to the fullest, the government and the public officials indeed become transparent and the governed, the true leaders become informed,” the decision said.
Diaz in his counterclaim was also seeking relief, including cost of suit and attorney’s fees against Remengesau.
The court however denied the claim.
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