Guan Eng fails to strike out Gerakan suit, gets another court date


Looi Sue-Chern

Penang Chief Minister Lim Guan Eng's application to strike out Gerakan's defamation suit against him for allegedly defaming the former BN state government has been struck out by the Penang High Court. – The Malaysian Insight pic by David ST Loh, January 19, 2018.

THE Penang High Court today dismissed Chief Minister Lim Guan Eng’s application to strike out Gerakan’s defamation suit against him for allegedly defaming the former Barisan Nasional state government.

This means Lim is facing another court case in the coming months while preparing for the general election.

Gerakan’s lawyer Baljit Singh said Judge Rozilah Yup had found that even though Gerakan had no public officers, the party could still bring action through an office bearer.

Gerakan filed the defamation suit through its secretary-general Liang Teck Meng in July last year.

But in September, Lim’s legal team applied to strike out the suit, arguing that Liang was not a public officer in Gerakan.

“Liang was not bringing the action as a representative action but was only acting in pursuant Section 9(c) of the Societies Act 1966.

“The court has fixed February 19 for Lim to file his statement of defence. The court also ordered Lim to pay RM2,500 in cost,” Baljit said in a WhatsApp message to the media.

Section 9 (c) of the act provides that an organisation may sued or be prosecuted in the name of any one of its members, as stated to the Registrar of Societies, and register him as a public officer for the purpose of the organisation.

In the statement of claim, Liang said Lim had defamed the former Gerakan-led Penang government and then chief minister Dr Koh Tsu Koon, with accusations that 380.4ha of reclaimed land in Tanjung Pinang, Tanjung Tokong was sold at RM1 per sq ft with 10% of the land to be given to the state government.

Liang said Lim’s remark was published in a March 17, 2013 article by an online portal. The former also named other articles and media statements that reportedly carried Lim’s comments on the matter.

Lim, who is also DAP secretary-general and Pakatan Harapan deputy president, was represented by counsel Simon Mureli.

Lim is also facing his graft trial in relation to his Jalan Pinhorn bungalow purchase. Trial is set to begin from March 26 until May.

He was charged in 2016 over the rezoning of two plots of agricultural land in Balik Pulau for residential use, which was said to benefit the plots’ owner, Magnificent Emblem, a company linked to Lim’s former landlady, Phang Li Koon.

He is accused of seeking gratification for himself and his wife Betty Chew, 53, by using his position in the state planning committee chaired by him to approve the rezoning of the plots in Komtar on July 18, 2014.

Lim also faces a second charge over his purchase of the bungalow in Jalan Pinhorn for RM2.8 million, alleged to be below the market price of RM4.27 million, on July 28, 2016, from Phang. – January 19, 2018.


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