PUTRAJAYA, Aug 15 – Utusan Melayu (M) Bhd successfully appealed to the High Court to set aside the decision that had ordered the company to pay a total of RM200,000 to Penang Chief Minister Lim Guan Eng for allegedly publishing defamatory articles.
Judge Datuk Dr Badariah Sahamid when delivering the unanimous decision of the panel of three judges of the Court of Appeal pointed out that the word ‘abolish the NEP’ if read in the context of the whole article, do not defamatory. He said that the word does not associate Lim humiliating treatment or with any doubts.
The Judge Datuk Mohd Zawawi Salleh, who chaired the panel also comprising Justices Datuk Dr Hamid Sultan Abu Backer. The court also ordered Lim to pay RM50,000 in legal costs for the proceedings in the Court of Appeal and the High Court and the Utusan Melayu.
Utusan Melayu appeal to the Court of Appeal against the High Court decision to allow a civil suit Penang Lim on 22 June 2012 and ordered the company to pay RM200,000 in damages. Lim sued Utusan Melayu over an article entitled “NEP-Guan Eng in error ‘ which had published by the French-language daily newspaper on March 15, 2008.
Judge appeals panel that heard the appeal on 4 March but postponed their decision. The lawyer Utusan Melayu, Mohana Kumar said they are pleased that justice has been given to this case. Meanwhile, Lim’s counsel, Sangeet Kaur Deo said he was giving serious consideration to bring the case to the Federal Court but will get instructions from Lim advance.
