Guan Eng loses appeal over defamation suit against MCA veep, The Star over op-ed
Lim Guan Eng had sued MCA vice-president Datuk Tan Teik Cheng and English daily The Star for defamation. — Picture by Sayuti Zainudin
Friday, 06 Dec 2024 2:09 PM MYT
PUTRAJAYA, Dec 6 — Former Finance Minister Lim Guan Eng failed in his appeal today over his defamation suit against MCA vice-president Datuk Tan Teik Cheng and the English daily, The Star.
The Court of Appeal’s three-judge panel consisting Justices Datuk See Mee Chun, Datuk Azmi Ariffin and Datuk Ahmad Kamal Md Shahid, unanimously dismissed Lim’s appeal, ruling that it has no merits.
The court also ordered Lim to pay RM30,000 to Tan and RM40,000 to The Star Media Group Berhad in legal costs.
Justice Ahmad Kamal, who delivered the court’s decision, said the statement made by Tan was not defamatory.
He said the court found that Tan’s article, including the statement in question, was a matter of public interest and Tan had merely called on Lim to provide an explanation on allegations that Lim had not denied.
Justice Ahmad Kamal said a reasonable man reading the final sentence in the statement would assume that an explanation would be forthcoming from Lim on the issue of the RM4 million allocation to a Chinese school and the change in the school’s name.
He said it was open to Lim to also respond by submitting a letter-in-reply to the “Letter to the Editor” section of The Star online, which would have allowed him to address the issue.
Justice Ahmad Kamal said the appellate court found no errors in law or fact in the findings of the Penang High Court that had previously dismissed Lim’s lawsuit in June 2023.
He also said The Star had published the statement fairly and neutrally, without any embellishments.
Lim, a former DAP secretary-general, sued Tan and The Star Media Group over Tan’s opinion piece published in the “Letter to the Editor” section of The Star online.
In his statement, Tan demanded Lim to explain himself over a claim that RM4 million from the federal treasury given to a Chinese primary school in Johor came with a condition to change its name.
Lim was represented by lawyers K.Simon Murali and Kok Yuen Lin, while lawyers Ng Kian Nam, Hemananthini Chellakanna Pillai appeared for Tan. Lawyers Abdullah Abdul Rahman and Deanna Ternisha represented The Star. — Bernama
Contrast to Chow Kon Yeow case.
ReplyDeleteIn this case Lim Guan Eng had a weak position , as the criticism directed at Lim was policy and accountability based, fair criticism which a politician ought to be able to take it.