PUTRAJAYA – The Court of Appeal has fixed October 10 to give the verdict on an appeal by former attorney-general (AG) Tan Sri Mohamed Apandi Ali against a high court’s dismissal of his RM10 million defamation suit against Tan Sri Lim Kit Siang.
Justice Datuk Hadhariah Syed Ismail, who chaired a three-member bench, said they need a month’s time to deliver the verdict.
She said the court’s decision would be delivered physically in open court on October 10.
The bench, also comprising justices Datuk M.Gunalan and Datuk Azmi Ariffin, heard submissions today from Apandi’s counsel Rueben Mathiavaranam and lawyer Sangeet Kaur Deo who is representing Lim.
On May 23, last year, the high court in Kuala Lumpur dismissed Apandi’s suit against the DAP veteran and the former AG subsequently filed the appeal to the Court of Appeal on May 24 last year.
Apandi sued Lim for allegedly defaming him in an article on the 1Malaysia Development Bhd (1MDB) scandal.
In his suit filed on July 5, 2019, Apandi claimed that on May 6, 2019, Lim had written and caused to be published an article titled “Dangerous fallacy to think Malaysia’s on the road to integrity” in Malaysiakini.
He claimed the alleged libellous words in the article implied that he was involved in crime and had abetted in the 1MDB financial scandal, was a person with no moral and integrity, was unethical and had abused his power when he was the AG.
Apandi, who was the AG from July 27, 2015, to June 4, 2018, contended that the libellous words were untrue and written with the intention of tarnishing his image and credibility as a former Malaysian AG, for cheap publicity.
He sought aggravated and exemplary damages, as well as RM10 million in general damages, an injunction to prevent Lim and/or his agents from publishing the alleged defamatory words again and other relief deemed fit by the court.
In today’s proceedings, Rueben submitted that Lim had made a positive assertion in his article, alleging that Mohamed Apandi had aided and abetted in the 1MDB scandal, and was being asked to explain why he did so.
He said there was no evidence which showed that Apandi participated, encouraged or assisted in the 1MDB scandal and that there was also no ongoing probe nor investigation of Apandi’s involvement in the 1MDB scandal.
Rueben said the alleged defamatory words which Lim had caused to be published in Malaysiakini are not protected by the defence of qualified privilege.
Sangeet Kaur, however, argued that high court judge Datuk Azimah Omar (now Court of Appeal judge) was correct in her findings to allow Lim’s defence of justification and qualified privilege and to dismiss Mohamed Apandi’s claim against her client.
She said justice Azimah had carefully considered and evaluated the evidence of witnesses and that there was no misdirection by her in arriving at her decision.
Apandi was present in the court proceedings today. – September 4, 2023