High Court dismisses Abdul Rahim Thamby Chik’s defamation case against Howard Lee, DAP and Malaysiakini over 2018 political commentary
KUALA LUMPUR: The High Court today dismissed former Melaka Chief Minister Tan Sri Abdul Rahim Thamby Chik’s defamation lawsuit against Ipoh Timor MP Howard Lee Chuan How, DAP and Malaysiakini.
Judge Roz Mawar Rozain ruled the defendants successfully proved defences of justification, fair comment and neutral reportage regarding a 2018 political commentary.
She found the statements suggested Rahim was morally compromised and unfit for public office but were protected as fair comment on matters of public interest.
“The defendants are not liable as the statements were justified,” she said in her judgment.
Roz Mawar noted Rahim failed to plead innuendo, a legal requirement needed to argue the publications implied he was “the rapist” since articles didn’t explicitly name him as such.
She found no evidence of actual malice and highlighted the claimant’s two-year delay in filing cast doubt on his motives.
The judge observed Malaysiakini acted responsibly by removing a sentence from Lee’s statement and offering Rahim a right of reply.
Rahim had sued over two December 2018 articles he claimed contained defamatory allegations including implications he was a rapist with a minor victim.
He asserted the defendants knew the allegations were unfounded, untrue and false.
Lee and DAP were awarded costs of RM75,000 while Malaysiakini and its former editor-in-chief Steven Gan also received RM75,000 in costs.
Rahim was represented by lawyers Choo Shi Jin and Harel Nieryan Abu Bakar during today’s proceedings.
Lawyers Sangeet Kaur Deo and Kee Hui Yee appeared for Lee and Malaysiakini respectively. – Bernama
