PUTRAJAYA (Dec 6): Former finance minister Lim Guan Eng on Friday lost his appeal at the Court of Appeal over his defamation suit against MCA vice-president Datuk Tan Teik Cheng and Star Media Group Bhd (KL:STAR).

The defamation suit was filed over a letter to the editor, where Tan shared his views on a RM4 million allocation to a Chinese vernacular school in Johor two years ago.

A three-member bench led by Datuk See Mee Chun ruled that there was no error by the High Court that warrants an appellate intervention in this case, and the statement published in the media was not defamatory.

See, who sat together with Datuk Azmi Ariffin and Datuk Ahmad Kamal Md Shahid, ordered Lim to pay RM30,000 in costs to Tan, and another RM40,000 in costs to The Star.

Ahmad Kamal, in the unanimous decision, said the bench, having read the letter as a whole, found it not to be defamatory in its original meaning, as Tan ended the letter by asking Lim to explain the allegation.

“This final sentence in the letter (in asking Lim to explain) takes away any sting over the defamation, as it unequivocally asked Lim to explain (the allegation).

“The first respondent (Tan) expected an explanation is forthcoming, and [did] not pass any judgement on him (the DAP politician). Hence, the article as a whole is not capable of being considered defamatory within the rightful meaning. There was also no error in law in the High Court’s decision that warrants an appellate intervention,” he said.

Lim, who is also the Bagan Member of Parliament, was given the opportunity to explain the matter should he decide to do so, Ahmad Kamal said.

Lim filed the defamation suit against the two defendants two years ago, over Tan's comments on a RM4 million allocation given to a Chinese vernacular school in Johor Bahru, during the state election in 2022. Tan alleged that the allocation was given following the school’s agreement to change its name.

The Penang High Court had also dismissed Lim’s claim in July last year, in finding the letter not to be defamatory.

Ahmad Kamal in his decision accepted that, by Lim not explaining the allegation made, Tan was merely stating an opinion and making inference in the circumstances of the matter based on public feedback

The appellate judge also said the court accepted The Star's defence of reportage in using Tan’s opinion in the Letters to the Editor section, as it published the letter in a fair, disinterested and neutral manner, without embellishing the article in substance.

Ahmad Kamal agreed with the High Court’s judgement that it would be impossible for any news organisations to run the section if they are expected to verify the truth of all material received that they intend to publish.

He noted that the issue published was of public interest, as it had been carried by various Chinese publications. The English daily and portal had the right to carry Tan’s letter, he added.

Ahmad Kamal also said the court accepted the defence of the letter being fair comment, as it was published without malice.

“There is no reason to depart from the findings of the High Court judge. The duo may be political adversaries, but the court finds the said article did not infer any malice in the letter or the role of The Star in deciding to publish it,” he added.

Following this, the bench opined there was no reason to disturb the lower court’s decision, and as such affirmed the High Court's decision.

In the case, Lim was represented by Simon Murali, while Ng Kian Nam appeared for Tan. Abdullah Abdul Rahman appeared for The Star.