PUTRAJAYA, May 21 — The Court of Appeal here today upheld a High Court decision awarding PAS information chief Datuk Mahfuz Omar RM150,000 in damages for a defamatory article published in the Berita Harian daily in 2000.
A three-member panel chaired by judge Datuk Mohd Hishamudin Mohd Yunus unanimously dismissed the appeal by New Straits Times (M) Bhd (NST) and Berita Harian’s former group editor Datuk Ahmad Rejal Arbee against a High Court ruling declaring the article as defamatory.
Justice Mohd Hishamudin held that there was no merit in the appeal by the NST, which is the publisher of Berita Harian, and Ahmad Rejal.
He also ordered them to pay RM40,000 in legal costs to Mahfuz (picture).
The other two presiding judges were Justices Datuk Aziah Ali and Datuk Lim Yee Lan.
Mahfuz filed the civil suit against NST and Ahmad Rejal in 2002 over a front page article on November 9, 2000 titled “Mahfuz ajak wakil BN bertumbuk (Mahfuz invites BN reps to fist fight).
In his statement of claim, Mahfuz, who is Pokok Sena member of parliament, claimed that the article was defamatory in nature and had tarnished his reputation.
On August 19, 2009, the High Court in Kuala Lumpur had allowed the suit and ordered NST and Ahmad Rejal to pay Mahfuz RM150,000 in damages.
Mahfuz was represented by lawyer Mohamed Hanipa Maidin, who is also Sepang member of parliament, while lawyer Nad Segaram appeared for the appellants. — Bernama
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