KUALA LUMPUR: The High Court has dismissed a lawsuit by Datuk Zaid Ibrahim and two others against the Malaysian Bar over a statement made by its president criticising their conduct during Datuk Seri Najib Razak's final appeal in the SRC International Sdn Bhd case.
Justice Roz Mawar Rozain ruled that the tort of defamation was not proven, as the plaintiffs failed to establish that the impugned words were defamatory in law.
She noted that the reputational impact of the plaintiffs' conduct had already "crystallised" before the publication.
"In this case, the plaintiffs themselves had, prior to the publication, made multiple public disclosures— including press interviews, social media postings, and commentaries—admitting their lack of readiness, criticising prior counsel, and seeking adjournments which were ultimately refused by the Federal Court."
"By Aug 19, 2022, the reputational position of the plaintiffs had already been shaped by facts in the public domain," she said on Thursday (May 29).
Zaid, along with senior partners Liew Teck Huat and Reuben Mathiavaranam of Zaid Ibrahim Suflan T H Liew & Partners (ZIST), filed the suit in September 2022 after the Bar issued a statement by its then president, Karen Cheah, titled "Abuse of process brings disrepute to our justice system."
Justice Roz Mawar noted that while the Bar's statement was strongly worded, it did not materially lower the plaintiffs' reputations any further than what was already established.
She acknowledged that professional reputations deserved protection, but the legal threshold for defamation was not met in this case.
"For these reasons, the plaintiffs' claims were dismissed in their entirety," she said.
The court did not make any order as to costs, as lawyer Andrew Chiew, representing the Bar and Cheah, did not request costs.
On July 25, 2022, Najib discharged his long-time legal counsel, Messrs Shafee & Co, from representing him in his final appeal in the SRC case at the Federal Court and replaced them with ZIST.
However, on Aug 19, 2022, ZIST was also discharged, and Cheah's statement was issued afterwards.
Zaid, Liew, and Reuben then sued the Bar and Cheah, claiming that the statement tarnished their reputations.
