PENANG Chief Minister Lim Guan Eng and Deputy Chief Minister II Dr P. Ramasamy today won their defamation suit against a civil society activist who had accused them of sending thugs to interrupt a meeting four years ago.

Penang High Court judge Lim Chong Fong ordered N. Ganeson to pay Lim and Ramasamy RM50,000 in damages each, as well as RM25,000 in costs, the plaintiffs’ lawyer, Simon Murali said.

He said the judge found that Ganeson had failed to prove his allegation against Guan Eng and Ramasamy, dismissing the defendant’s assertion that his remarks were made in the interest of the public.

Chong Fong also ruled that even though Ganeson had lodged a police report over the thug incident prior to making his statement against the plaintiffs, the purpose of his remarks was to defame the two leaders.

“The judge found elements of malice in his remarks, which were meant to defame the duo, and not for public interest.

“Ganeson’s police report was acknowledged but instead of waiting for the police to investigate the incident, he had called for a press conference and made accusations against the plaintiffs,” Murali told reporters outside the courtroom.

In a press conference organised by “Concerned Citizens of the Indian Community” over the faulty Hindu crematorium issue at Lorong Batu Lanchang on December 4, 2013, Ganeson claimed that Guan Eng and Ramasamy had sent thugs to disrupt a meeting.

His remarks were reported in an NST Online article titled, “Indian-interest group claims thugs interrupted meeting”, on the same day.

Murali also said the court allowed Guan Eng and Ramasamy’s defamation suit, even though both held public office.

The law, he said, still allowed holders of public office, like the prime minister and chief minister, to be criticised.

“The judge said the chief minister and deputy chief minister can be criticised as public office bearers, but not to the extent of being slandered.

“The defence had argued that as holders of public office, the chief minister and deputy chief minister could not sue, as it obstructed freedom of speech.

“But the court found that the issue does not arise, because the law allows those in public office to sue,” Murali said.

Lawyer Kok Yuen Lim also appeared for the plaintiffs, while Ganeson was represented by counsels S. Tilaga and Yokinee Selvam.

Lim and Ramasamy had also taken the New Straits Times Press (NSTP) and its former journalist, Predeep Nambiar, to court over the article.

They won the suit after the Court of Appeal ruled in favour the plaintiffs in September last year. NSTP paid the two DAP leaders RM450,000 in damages and costs. – November 29, 2017.