Court Bins Ex Malacca Cm S Suit Against Dap Leaders Malaysiakini

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The Kuala Lumpur High Court today dismissed former Malacca chief minister Rahim Thamby Chik’s libel suit against Ipoh Timor MP Howard Lee, Malaysiakini and four others over the MP’s commentary piece in 2018.
Judge Roz Mawar Rozain dismissed the suit after finding that, despite the impugned statement carrying a lesser meaning of defamation, the defendants successfully established the defences of justification, fair comment and neutral reportage.
Rahim (above) had filed the suit in 2020 following a commentary piece written by Lee, titled “Permohonan Rahim sekiranya diterima akan ditafsir sebagai pengkhianatan” (Rahim’s application if accepted will be interpreted as betrayal).
It was published on DAP’s website and reported by the news portal on Dec 16, 2018, in response to Rahim’s application to join Bersatu at that time.
The former chief minister claimed that Lee had defamed him by linking him to two scandals in the commentary piece, which was the 1994 statutory rape scandal involving a minor, in which DAP had publicly withdrawn and apologised over the allegation in 2003, and the 2011 Datuk T Trio scandal.
He had named Lee and Mkini Dot Com Sdn Bhd as the first and second defendants, followed by Steven Gan, who was Malaysiakini’s chief editor at that time, and DAP’s office bearers Tan Kok Wai, Gobind Singh Deo, and Lim Guan Eng as the fourth to sixth defendants.
The judge today also awarded Lee and the three other DAP leaders RM75,000 in costs. Malaysiakini and Gan are also rewarded the same amount.
“This court is of the considered view that the titles to the publication plainly signal opinion and political comments on a matter of public interest.
“The court accepts (Lee’s) defence of fair comment, which protects the second and the third defendants (Malaysiakini and Gan) who published an evident opinion piece.
“The evidence shows the article was plainly Lee’s opinion piece, presented as such (whereby Malaysiakini and its chief editor) framed it as his view, identified him and his position and did not embellish or adopt his assertions,” Roz Mawar said in the 51-page written judgment.
‘No malice’
As evident, she added, the article published on Malaysiakini and DAP’s website was indeed a voiced opinion of Lee’s that he had penned.
She added that the court does not see malice on the part of Malaysiakini and Gan, and accepted their submissions that Rahim’s claims against them were selectively targeted towards them in a manner designed to cause them problems of expense, harassment or commercial prejudice.
On the impugned statement, Roz Mawar found that words which Rahim alleged as defamatory against him do convey a lesser meaning which could identify him as a morally compromised figure linked to a serious scandal and is unfit for public office.
“However, liability does not follow because the defence of justification is made out as to the lesser sting; fair comment protects the opinions expressed on matters of public interest.
“In relation to the second and third defendants, reportage applies. Malice is not proven, and the delay raises additional process concerns.
“Accordingly, while (the impugned word) is defamatory in fact, the applicable defences succeed,” said the judge.
Lawyers Sangeet Kaur Deo and Kee Hui Yee represented Lee and Malaysiakini, respectively, while Choo Shi Jin and Harel Nieryan Abu Bakar appeared for Rahim.
Significant ruling
Lee, in a statement subsequent to the ruling, claimed that the verdict is a significant one as it affirms that history cannot be erased, public discourse must be free from intimidation, and that political commentary made responsibly and truthfully is protected by law.
Ipoh Timor MP Howard Lee“With this decision, both justice is served and the historical record upheld.
“My name has been cleared of allegations of defamation, and the truthfulness of the statements in question has been recognised by the court.
“We remain committed to defending free expression, responsible journalism, and the public’s right to hold political figures accountable to the truth, truthful,” said Lee. - Mkini

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