KUALA LUMPUR, Nov 11 — The High Court here today dismissed the defamation suit filed by former Melaka Chief Minister Tan Sri Abdul Rahim Thamby Chik against Ipoh Timor member of parliament Howard Lee Chuan How, DAP and Malaysiakini over a 2018 commentary criticising his bid to join Bersatu.
Judge Roz Mawar Rozain ruled that the defendants had successfully proven the defences of justification, fair comment and neutral reportage.
She said after reviewing the evidence, past cases and arguments from both sides, the court found that the words suggested the plaintiff was morally compromised, linked to a serious scandal and unfit for public office.
“However, the defendants are not liable as the statements were justified, the opinions are protected as fair comment on matters of public interest, and the second and third defendants’ reporting falls under neutral reportage,” she said when delivering her judgment today.
She found no evidence of actual malice.
Furthermore, she noted that the claimant’s two-year delay in initiating proceedings cast doubt on his motives and resulted in commercial prejudice extending beyond ordinary bounds.
Roz Mawar said Rahim failed to plead innuendo, a legal requirement needed to argue that the publications implied he was “the rapist” as the articles did not explicitly name him as such.
The judge noted that Malaysiakini did not act with malice in publishing the commentary as the portal had removed a sentence from Lee’s statement as a precaution and offered Rahim a right of reply, which he had declined.
In 2020, Rahim filed the defamation suit against Lee, Malaysiakini and its former editor-in-chief Steven Gan, as well as three other defendants — Tan Kok Wai, Gobind Singh Deo and Lim Guan Eng (sued in their capacities as office-bearers of DAP) — following the publication of two articles on December 16, 2018.
He contended that the articles contained highly defamatory allegations against him, including implications that he was a rapist whose victim was a minor.
He further asserted that the defendants were fully aware that the articles contained the alleged defamatory statements, and that the first defendant (Lee) and DAP knew that the allegations made against him were entirely unfounded, untrue and false.
“The first defendant (Lee) and DAP (Tan, Gobind and Lim) are awarded costs of RM75,000.00.
The second (Mikini Dotcom Sdn Bhd as owner and publisher of Malaysiakini) and third (Gan) defendants are also entitled to costs of RM75,000,” said Roz Mawar.
During today’s proceedings, Rahim was represented by lawyers Choo Shi Jin and Harel Nieryan Abu Bakar.
Lawyers Sangeet Kaur Deo and Kee Hui Yee appeared for Lee and Malaysiakini, respectively. — Bernama
