PUTRAJAYA: The Court of Appeal has overturned a High Court ruling that had ordered former housing and local government minister Datuk Zuraida Kamaruddin and two others to pay RM50,000 in damages to DAP adviser Lim Guan Eng for defamation.
A three-judge panel on Wednesday (Sept 9) comprising Justices Datuk Seri Mohd Firuz Jaffril, Datuk Ahmad Kamal Md Shahid, and Datuk Amarjeet Singh unanimously allowed the appeals filed by Zuraida, MalaysiaNow editor Muhammad Abd Ar-Rahman Koya and MNow Media Sdn Bhd.
The panel also dismissed Lim's cross-appeal, which had sought an increase in the damages awarded and ordered him to pay RM30,000 in costs.
Delivering the panel's unanimous decision, Justice Mohd Firuz said the article in question did not carry the defamatory meaning as alleged by Lim.
"We find that there were obvious errors in the judgment of the High Court and the judgment cannot stand," he said, adding that the manner in which the High Court dealt with the defence was purely unsatisfactory.
Justice Mohd Firuz observed that the court's final analysis revealed the High Court's assessment of the defence of justification had been grounded solely in documentary evidence, without regard to the actual exchanges that took place between the two ministers during their meeting.
He also pointed to inconsistencies in the High Court judge's findings, noting that while she had found malice in one part of her ruling, she had simultaneously held that there was no evidence of malice in another.
The legal proceedings began on June 7, 2024, when Lim, a former finance minister, filed a defamation suit at the Shah Alam High Court, naming Zuraida, Muhammad Abd Ar-Rahman Koya and MNow Media as defendants.
In his statement of claim, Lim alleged that Zuraida had made false statements concerning him in relation to a housing project for former plantation workers in Bestari Jaya, Selangor.
In March this year, the High Court ruled in his favour, finding that the statements made against him were defamatory and awarding him RM50,000 in damages.
Zuraida and the two other defendants subsequently appealed against the High Court's decision, while Lim filed a cross-appeal challenging the quantum of damages awarded.
During the appellate proceedings, Lim's counsel, Datuk Sankara Narayanan Nair, contended that the RM50,000 awarded by the High Court was insufficient, arguing that prevailing trends in case law warranted an award of RM250,000.
However, the lawyer representing Zuraida and the two other appellants, Nizamuddin Abdul Hamid, submitted that the comments made by Zuraida, which were published by MNow Media, were not defamatory in nature, and urged the Court of Appeal to set aside the High Court's ruling.
Following the decision, Sankara told the media that he would seek instructions from his client on whether to pursue the matter further before the Federal Court. - Bernama
