Federal Court delays hearing Utusan Melayu, reporter’s appeal against defamation ruling 


THE Federal Court today postponed hearing an appeal by Utusan Melayu (M) Bhd and its former journalist against a verdict of defamation against lawyer Manjeet Singh Dhillon.

Lawyer Wong Rhen Yen, representing second appellant Utusan Melayu, sought an adjournment of the appeal hearing as the counsel for the first appellant, former journalist Raja Syahrir Abu Bakar, was in self-imposed quarantine for 14 days.

Wong applied for the postponement also because he had just taken over the case from Messrs Shafee & Co on September 28 and needed time to discuss with his client the possibility of settlement.

“I would have to render an opinion to the liquidator of second appellant as to the prospect of success of this case, and if there’s possibility we can settle the matter and the case might be discontinued. Therefore, I ask for adjournment,” he said.

Utusan Melayu has been placed under creditors’ voluntary liquidation with an interim liquidator being appointed.

Lawyer Americk Singh Sidhu, representing Manjeet, did not object to the postponement.

Justice Vernon Ong, who chaired the five-member bench, granted the adjournment and rescheduled the hearing to Dec 1.

“The hearing will be heard together with another appeal by news portal Malaysiakini as instructed earlier,” Vernon added.

Federal Court judges Abdul Rahman Sebli, Zaleha Yusof, Hasnah Mohammed Hashim and Rhodzariah Bujang were the others on the bench.

On September 26, 2011, Manjeet filed a RM2.5 million defamation suit against former Padang Serai MP N. Gobalakrishnan, former journalist Raja Syahrir Abu Bakar, Utusan Melayu and Sistem Televisyen Malaysia Bhd (TV3) in relation to an interview given by Gobalakrishan to the press on August 16, 2011.

In his statement of claim, Manjeet said Gobalakrisnan had made derogatory remarks against him in the interview.

On September 11, 2015, the Kuala Lumpur High Court ruled in Manjeet’s favour in his suit against Gobalakrishnan, Raja Syahrir and Utusan Melayu but dismissed the case against TV3.

Utusan Melayu and Raja Syahrir were ordered to pay a total of RM200,000 and Gobalakrishnan RM150,000 in damages to Manjeet.

On March 13, 2018, the Court of Appeal reversed the High Court’s decision and ordered TV3 to pay RM200,000 in damages to Manjeet. TV3 did not appeal the decision.

The appellate court dismissed the appeals of Gobalakrishnan, Utusan Melayu and Raja Syahrir and affirmed the High Court order.

Gobalakrishnan failed to obtain leave to appeal to the Federal Court but Utusan Melayu and Raja Syahrir did.

Meanwhile, Malaysiakini is appealing against a Court of Appeal decision that found the news portal’s report on the Raub Australian Gold Mine (RAGM) to be defamatory.

On May 23, 2016, Malaysiakini won the case in the High Court where RAGM was ordered to pay RM50,000 in costs to the news portal, a decision that was reversed on January 11, 2018 by the appellate court. – Bernama, October 8, 2020.


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