THE Court of Appeal has deferred its decision in former Baling MP Abdul Azeez Abdul Rahim’s appeal over his defamation suit against Lim Guan Eng.

Justice Azizah Nawawi, who chaired the three-member panel, said the court needs time to discuss the matter and will make a decision on another date to be fixed later. The court then fixed May 24 for case management to set the date for the decision.

Judges Azizah, Mariana Yahya and Azimah Omar today heard submissions from Azeez’s lawyer Porres Royan and Lim’s counsel N. Mureli. 

Azeez is appealing against the Penang High Court’s decision on December 11, 2020, which dismissed his defamation suit against Lim, former Penang chief minister, in connection with the Penang undersea tunnel project.

Azeez filed the suit in March 2018, claiming Lim issued defamatory statements during a press conference at the Penang Chief Minister’s Office on February 28, 2018, and during a Chinese New Year open house hosted by the Penang Development Corporation on the same day connecting Azeez to a payment of RM3 million as consultation fees from the developer of the undersea tunnel project.

He is seeking, among others, general and exemplary damages and other relief deemed fit by the court.

In the appeal today, Porres argued High Court judge Rosilah Yop’s reasoning in accepting Lim’s defence of plea of justification was flawed and plainly wrong.

He said the judge failed to appreciate that Lim had not adduced any proof whatsoever of the truth of the imputation that Abdul Azeez had received money from Consortium Zenith Construction Sdn Bhd in connection with the project.

He said the High Court judge had found the statement made against Abdul Azeez was defamatory but she accepted Lim’s defence of plea of justification and dismissed the former’s suit after finding among others that Lim had posed questions to the Malaysian Anti-Corruption Commission (MACC) as to why Azeez was not arrested.

Mureli however countered saying the statement made by his client was not against Azeez, but targeted other parties and the MACC over the authority’s action to charge one person and not charge another person.

He said the defence of the plea of justification applies to Lim, as he was then Penang chief minister who had the duty to raise and clarify issues which were relevant and of the public interest. – Bernama, May 19, 2023.