Tan Sri Dr. A. Rahim Tamby Chik v 1. ) HOWARD LEE CHUAN HOW 2. ) MKINI DOTCOM SDN BHD 3. ) STEVEN GAN DIONG KENG 4. ) Tan Kok Wai 5. ) Gobind Singh Deo 6. ) Lim Guan Eng
Catchwords
Conclusion [209] Based on the extensive consideration of all the evidence, case laws, and submissions of all the learned counsels of the parties, this Court finds that, read as a whole by the ordinary reasonable reader, Impugned Words 1 and 2 do convey the lesser defamatory meaning identified - namely, that the Plaintiff is a morally compromised figure linked to a serious scandal and is unfit for public office. [300] However, liability does not follow because the defence of justification is made out as to that lesser sting; fair comment protects the opinions expressed on matters of public interest; and, in relation to the 2nd and 3rd Defendants, reportage applies. Malice is not proven, and the delay raises additional process concerns. [301] Accordingly, while Impugned Words 1 and Impugned Words 2 are defamatory in fact (in the lesser sense), the applicable defences succeed. Consequently, the Plaintiff has failed to prove its case on a balance of probabilities against all the Defendants. The Plaintiff’s suit is hereby dismissed. [302] The 1st Defendant and DAP (4th, 5th and 6th Defendants) are awarded costs of RM75,000.00. The 2nd and 3rd Defendant are also entitled to costs of RM75,000. All costs are subject to allocator.
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Judgment
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Read on eJudgmentSource: eJudgment (wa-23cy-51-10-2020)