Suit against theSun dismissed

KUALA LUMPUR: The Kuala Lumpur High Court dismissed a defamation suit against theSun and its former editor for publishing three articles in November 2009 exposing an "extravagant" RM32.4 million flower contract awarded by Kuala Lumpur City Hall (DBKL).
"I have considered the submissions from the plaintiffs' and defendants' counsels and it is my considered opinion that the impugned articles are not defamatory of the plaintiffs per se as well as in the circumstances of this case," judge Datuk Kamaludin Md Said said in his 88-page written judgement.
The decision was read out by Seremban High Court senior assistant registrar Preeya Darrsini here today.
Abd Halim and the second plaintiff, Brightmark Sdn Bhd, filed a suit against The Sun Media Corporation Sdn Bhd and its former deputy editor (special reports and investigations) Terence Fernandez for publishing the articles.
The articles were news reports titled "RM32m deal nipped"; "KL Mayor cancels RM32mil flower contract" and "MACC should follow the stink", which appeared in his column.
Brightmark was seeking RM10 million in damages and an additional RM1 million in exemplary damages, while Abd Halim was seeking RM5 million in damages and RM500,000 in exemplary damages.
Fernandez, currently The Edge Media Group investigations editor had refuted the allegation that he had malicious intentions against Abd Halim and explained that his articles were critical of City Hall practices and government procurement procedures, which awarded contracts without tender.
Fernandez and theSun was represented by Datuk Nitin Nadkarni and Himahlini Ramalingam while the plaintiffs were represented by former solicitor-general II Datuk Yusof Zainal Abiden and Kamarul Hisham Kamaruddin.
On Jan 16, 2014, Abd Halim had admitted to the High Court that he obtained the contract from DBKL in 2006 without a tender and had lobbied former prime minister Tun Abdullah Ahmad Badawi to extend the contract after its expiry.
Former KL mayor Tan Sri Ahmad Fuad Ismail had on March 28, 2014 confirmed that Abd Halim had continued to lobby for the renewal of the flower contract with DBKL after the expiry and after being informed of DBKL's budget constraints.