PUBLISHING company The Edge Communications Sdn Bhd was today awarded RM500,000 in exemplary damages in addition to RM11.2 million in compensatory damages for loss of revenue due to the Home Ministry’s suspension of its two publications for three months in 2015, over its reports on the 1Malaysia Development Bhd affair. 

High Court Judge Nordin Hassan made the decision after allowing the appeal from The Edge for exemplary damages.

“I find that the amount of RM500,000 is an appropriate sum for exemplary damages. However, I am of the view that the applicant’s claim for constitutional and aggravated damages is inappropriate to be awarded in the circumstances of its case. So the applicant’s appeal is allowed in part with cost of RM5,000,” the judge said.

Nordin dismissed the government’s appeal against the High Court’s decision to award The Edge more than RM11.2 million compensation. He also ordered the government to pay RM10,000 in costs.

Justice Nordin, in his judgment, said the deputy registrar’s decision that she was bound by the High Court judge’s ruling on the sum of compensation was correct. 

“Aside from the compensatory damages based on the established facts, the publication had been a victim of a reckless, arbitrary and unconstitutional act of the respondents.

“The chartered financial analyst confirmed the method of computation for the compensatory damages for the amount of RM11.2 million in the affidavit is correct and the assumptions made are reasonable,” the judge said.

Nordin also said the court also found that the respondents had not produced any evidence to challenge the method of calculation for the amount claimed.

On December 17 last year, the High Court ordered respondents the former Home Ministry secretary-general and the former home minister to pay RM11,260,350.00 to The Edge Weekly and The Edge Financial Daily over their three-month suspension from July 27, 2015.

The court also ordered both respondents to pay 4% interest on the sum beginning July 27, 2015 until the money is fully paid.

This followed the Federal Court’s decision on August 9, 2017, which ruled that The Edge could seek damages from the then home minister for the loss of income consequent on the suspension of its two publications after dismissing the then home minister and the then Home Ministry secretary-general’s appeal to set aside the appellate court’s decision allowing The Edge to seek damages from both parties.

The case was subsequently returned to the High Court for assessment of damages.

On August 30, 2016, the Court of Appeal dismissed the Home Ministry’s appeal against the High Court’s decision for the assessment of damages.

The Home Ministry suspended the publication of The Edge Weekly and The Edge Financial Daily for three months from July 27, 2015, following their reports over the 1MDB issue.

However, the directive was revoked on September 21, 2015 by the High Court which allowed The Edge’s application for a judicial review.

The High Court also ordered the assessment of damages for losses suffered by The Edge. – Bernama, August 14, 2019.