The Court of Appeal has set October 10 as the date for delivering its verdict on an appeal by former attorney general Tan Sri Mohamed Apandi Ali. He had filed a RM10 million defamation lawsuit against Tan Sri Lim Kit Siang, which was dismissed by the High Court. The three-member bench, headed by Justice Datuk Hadhariah Syed Ismail, stated that they would require a month’s time to deliver the verdict. The decision will be presented physically in open court.
The bench, consisting of Justices Datuk M. Gunalan and Datuk Azmi Ariffin, heard submissions from Mohamed Apandi’s counsel, Rueben Mathiavaranam, and lawyer Sangeet Kaur Deo, who represented Lim. The High Court had dismissed Mohamed Apandi’s suit against Lim on May 23 last year, prompting him to file an appeal to the Court of Appeal on May 24.
Mohamed Apandi had sued Lim for allegedly defaming him in an article concerning the 1Malaysia Development Bhd (1MDB) scandal. In his suit, he claimed that Lim’s article, titled “Dangerous fallacy to think Malaysia’s on the road to integrity,” published in Malaysiakini on May 6, 2019, implied his involvement in crime and abetting in the 1MDB financial scandal. He also alleged that the article portrayed him as a person with no morals or integrity, unethical, and an abuser of power during his tenure as the attorney general.
Mohamed Apandi, who served as the attorney general from July 27, 2015, to June 4, 2018, argued that the alleged defamatory words were false and intended to tarnish his image and credibility. He sought RM10 million in general damages, as well as aggravated and exemplary damages. Additionally, he requested an injunction preventing Lim or his agents from republishing the defamatory words.
During the proceedings, Rueben asserted that Lim had made a positive assertion in his article, accusing Mohamed Apandi of aiding and abetting in the 1MDB scandal and calling for an explanation. However, Rueben contended that there was no evidence or ongoing investigation confirming Mohamed Apandi’s involvement in the scandal. He also argued that the alleged defamatory words published by Lim in Malaysiakini were not protected by qualified privilege.
In response, Sangeet Kaur supported the High Court judge, Datuk Azimah Omar (now a Court of Appeal judge), in her decision to allow Lim’s defense of justification and qualified privilege, thereby dismissing Mohamed Apandi’s claim. Sangeet Kaur stated that Justice Azimah had carefully considered the evidence and had not misdirected her decision.
Mohamed Apandi was present in the court during Monday’s proceedings.
– Bernama
Credit: The Star : News Feed
