Lim ordered to pay Abdul Azeez RM250k for defamation

The Court of Appeal has ordered Lim Guan Eng to pay RM250,000 in general damages to former Baling MP Datuk Seri Abdul Azeez Abdul Rahim for defamation. The three-member panel comprising Justices Datuk Azizah Nawawi, Datuk Seri Mariana Yahya, and Datuk Azimah Omar also ordered Lim to pay RM70,000 in costs to Abdul Azeez. Justice Azimah stated that the lower court erred in dismissing Abdul Azeez’s suit against Lim and allowing Lim’s defense of justification, fair comment, and qualified privilege over his statement about Abdul Azeez. Abdul Azeez appealed against the Penang High Court’s decision to dismiss his defamation suit against Lim.

In March 2018, Abdul Azeez sued Lim, alleging that the latter made defamatory statements during a press conference and a Chinese New Year open house, linking Abdul Azeez to a payment of RM3 million in consultation fees from the developer of the Penang undersea tunnel project. Justice Azimah stated that the respondent did not verify the information and did not seek any comment or response from the appellant for verification. She also remarked that Lim’s statement was conveniently close to the 14th General Election, implying that he acted for his own political and personal agenda. Justice Azimah further noted that Lim’s statement went beyond seeking an investigation and implicated the appellant. She highlighted the lack of evidence of Lim reaching out to Abdul Azeez or conducting a verification exercise before issuing the defamatory statement.

The judge mentioned that Consortium Zenith Construction, the developer, had sent a notice of demand (NOD) to Abdul Azeez in February 2018 but retracted it within a week following his response. Justice Azimah emphasized that Lim, being a seasoned politician, should have known that a mere NOD is not evidence of guilt and should have made efforts to verify its contents. She also stated that the court found Lim not entitled to rely on the defense of justification, fair comment, or qualified privilege.

During the proceedings conducted via Zoom, Abdul Azeez was represented by lawyers Porres Royan and Craign Ho, while Lim was represented by counsel Datuk N. Mureli and Felix Lim.