PUTRAJAYA – Former finance minister Lim Guan Eng has been allowed by the high court to serve his defamation suit against former international trade and industry minister Datuk Seri Mohamed Azmin Ali via substitute service by way of publishing it in the newspapers.
Lim’s lawyer, K. Simon Murali, said that his client’s application to serve the writ of summons and statement of claim by way of substitute service was granted by the Sg Petani High Court senior assistant registrar Muhammad Amzar Ismail today.
In the ex-parte application, Lim sought for the documents to be published on the notice board of the High Court at the Sg Petani court complex in Kedah and also for the documents to be published in The Star and Berita Harian newspapers.
Substituted service is to deliver documents in public litigation in the form of letters, advertisements to be published in newspapers, or any other method that allows the proceeding to gain the attention of the defendant after the personal delivery of documents cannot be effected.
In his suit filed on April 17, this year, Lim claimed that Azmin had made defamatory statements against him in an event held at Lunas in Kedah on November 12, last year, in conjunction with the election campaign that preceded the 15th general election, which was attended by members of the media who were covering the election campaign.
He claimed that Azmin had said that Lim’s arrogance had scared the business community, which was reported in The Star newspaper on November 13 last year.
In his statement of claim, Lim, who was also former Penang chief minister, said the offending statements, which made specific reference to his alleged conduct during his tenure as the finance minister, had injured his character, credibility, and reputation.
He said the statements in their natural and ordinary meaning, among others, claimed that he had abused his power as the then finance minister by using governmental agencies for improper purposes.
Lim said the offending statements were defamatory of him and disparaged him in his personal standing and in his official capacity and profession.
He is seeking general damages, aggravated damages, and exemplary damages, as well as an unconditional apology from Azmin to be printed and published in The Star newspaper and The Star online. He also seeks to be paid interest on the sum awarded as damages and other reliefs or orders deemed appropriate by the court.
Murali said several attempts had been made to serve the writ of summons and the statement of claim personally to Azmin but had failed. He said he then filed an ex-parte application for the documents to be served on Azmin by way of substitute service. – August 8, 2023