KUALA LUMPUR (May 23): The High Court on Monday (May 23) dismissed former Attorney-General (AG) Tan Sri Mohamed Apandi Ali's RM10 million defamation suit against veteran politician Lim Kit Siang over the latter's article published in 2019.
High Court Judge Justice Datuk Azimah Omar said that the 1Malaysia Development Bhd (1MDB) scandal highlighted in Lim's article was a matter of national interest and it was within the duty of any member of the public, let alone a parliamentarian, to voice out their dismay, especially after all channels of complaint were exhausted.
She added that the public absolutely had the interest to know of Mohamed Apandi's "actions or inactions" which "directly and indirectly" lent a hand in covering up the 1MDB scandal and the known personalities involved. Lim, who is Iskandar Puteri MP, merely highlighted this in his article.
Justice Azimah, among others, found that Lim exercised responsible journalism by verifying his facts and also fulfilled the element of qualified privilege.
"When 1MDB scandal involves criminality and illegalities, social and economic repercussions to the nation's economy and the morality of the nation's top leaders and agencies, it is well within the rakyat's — not just the defendant's (Lim) as member of parliament's — interest and duty to voice out their dismay and enmity, especially when all avenues (of complaint) have been exhausted and only for the uproar to fall on deaf ears," she said.
AG should be 'proactive, fearless'
In her ruling, Justice Azimah also highlighted Mohamed Apandi's press conference on Jan 26, 2016 where he announced that no charges would be brought against former prime minister Datuk Seri Najib Razak based on Malaysian Anti-Corruption Commission's investigations. At the time, Mohamed Apandi said he was satisfied that no criminal offence had been committed.
The judge said it was "truly unbecoming" of Mohamed Apandi to leave investigations into the criminal matter to other agencies.
"The AG sits at the highest seat of the nation's prosecution agency... It is entirely unthinkable for the AG [to adopt] a disassociated attitude, to divorce himself totally from any role in criminal investigations," she said.
She said the AG should act "proactively, fearlessly and zealously" in ensuring that no crime or corruption be left unchecked.
Justice Azimah also said that Mohamed Apandi had admitted in court during cross-examination that "that not even one person" was prosecuted during his tenure as AG, despite the plethora of complaints over the scandal.
Therefore, Lim was well within his rights to voice out his thoughts to the public at large.
Justice Azimah also awarded the cost of RM80,000 to Lim.
Lim was represented by Sangeet Kaur Deo, while Mohamed Apandi was represented by M. Visvanathan.
On July 5, 2019, Mohamed Apandi filed the suit against Lim over the DAP stalwart's article titled "Dangerous fallacy to think Malaysia's on the road to integrity" published on news portal Malaysiakini.
Mohamed Apandi claims that the article published in May 2019 implied that he had aided and abetted in the 1MDB scandal. Furthermore, he claimed that the article also implied that he had abused or neglected his responsibilities as AG at that time.
He sought RM10 million in general, aggravated and exemplary damages against Lim. He also sought an injunction to prevent Lim from publishing the alleged defamatory words again and other relief deemed fit by the court.
A former federal court judge, Mohamed Apandi was appointed as AG in July 2015 during former prime minister Datuk Seri Najib Razak's tenure. His services were terminated in June 2018, after the Pakatan Harapan government came into power.
Earlier, a disgruntled Justice Azimah voiced her unhappiness over Lim's absence from the proceedings. She reprimanded the veteran parliamentarian, saying that he should have respect for the court's proceedings.
Sangeet explained that Lim meant no disrespect to the court and the counsels were present on his behalf.
Justice Azimah then said she would not deliver her decision until Lim was present in court. Lim joined the proceedings later via Zoom.