PUTRAJAYA – The Court of Appeal here has ordered former Pasir Salak MP Datuk Seri Tajuddin Abdul Rahman to pay RM60,000 in costs each to former Shah Alam MP Khalid Abdul Samad and KiniTV Sdn Bhd.
The three-person bench led by Datuk Nantha Balan ES Moorthy was unanimous in its decision.
“After consulting with my panel members, we feel that it is fair and reasonable in the (given) circumstances that part of the high court judgement depriving Khalid and KiniTV of costs, is set aside,” he said.
He added that the costs, which Tajuddin needs to pay, consists of the trial which took place between 2019 and 2021, leave application for appeal filed last year, and today’s proceeding.
Nantha Balan also found that the costs should be granted to the duo, considering the amount of work they have put into the case, since it was filed in February 2017 and till the day of the decision which is February 2022.
“Just because the two MPs were trading barks and media statements were made in the Parliament lobby, does not make it a public interest case.
“(However) if there were two MPs fighting in the lobby of the court, in a battery and assault civil suit, it could become a public interest matter as it involves ministers exchanging blows.
“The public may be interested (in the case) but it does not make it a public interest matter. The law is clear, and it was a trite position that costs ought to be awarded.”
The high court, in February last year, dismissed the defamation suit which Tajuddin originally filed against the duo as well as the New Straits Times Press (Malaysia) Bhd (NSTP) over a comment uttered by Khalid against him, during a press conference at the Parliament lobby after one of its sittings in 2016.
Khalid had uttered vulgar words against Tajuddin who insulted Seputeh MP Teresa Kok in the Parliament sitting.
The comment was reported by NSTP while KiniTV published a recording of the said comment.
Tajuddin, who filed the defamation suit against the trio in February 2017, claimed that the statement insinuated that he was not a good Muslim, condemned to hell and was unfit to be an MP.
He included the media publication in the suit for carrying and publishing Khalid’s comments.
However, the high court, in dismissing the suit last year, did not order Tajuddin to pay any costs to all three defendants – Khalid, KiniTV and NSTP – on grounds that the case was of public interest.
This prompted Khalid and KiniTV to file an appeal at the appellate court in September last year.
NSTP did not file an appeal against the high court judgement.
In today’s proceedings, Tajuddin was represented by Datuk Hasnal Rezua Merican and Muzzamil Merican while Khalid was represented by Datuk Sankara Nair and Jaden Phoon Wai Ken.
KiniTV was represented by K. Shanmuga. – October 19, 2023