Kuala lumpur: The High Court dismissed the defamation suit filed by former Melaka Chief Minister Tan Sri Abdul Rahim Thamby Chik against Ipoh Timor member of parliament Howard Lee Chuan How, the Democratic Action Party (DAP), and news portal Malaysiakini concerning a 2018 commentary criticizing his attempt to join Bersatu.
According to BERNAMA News Agency, Judge Roz Mawar Rozain ruled that the defendants had successfully demonstrated the defenses of justification, fair comment, and neutral reportage. The judge stated that after evaluating the evidence, past cases, and arguments from both sides, the court determined that the words implied the plaintiff was morally compromised, linked to a serious scandal, and unfit for public office.
However, Judge Roz Mawar explained that the defendants were not liable as the statements were justified, the opinions protected as fair comment on matters of public interest, and the reporting by the second and third defendants fell under neutral reportage. She stated that there was no evidence of actual malice and highlighted that the claimant's two-year delay in initiating proceedings raised questions about his motives and caused commercial prejudice beyond ordinary bounds.
The judge further noted that Rahim failed to plead innuendo, which is a legal requirement to argue that the publications implied he was "the rapist," as the articles did not explicitly name him as such. Additionally, she observed that Malaysiakini did not act with malice in publishing the commentary, as the portal had removed a sentence from Lee's statement as a precaution and offered Rahim a right of reply, which he declined.
In 2020, Rahim filed the defamation suit against Lee, Malaysiakini, and its former editor-in-chief Steven Gan, as well as three other defendants-Tan Kok Wai, Gobind Singh Deo, and Lim Guan Eng (sued in their capacities as office-bearers of DAP)-following the publication of two articles on December 16, 2018. Rahim argued that the articles contained highly defamatory allegations against him, including implications that he was a rapist whose victim was a minor.
Rahim further asserted that the defendants were fully aware that the articles contained the alleged defamatory statements and that the first defendant (Lee) and DAP were aware that the allegations against him were entirely unfounded, untrue, and false.
Judge Roz Mawar awarded costs of RM75,000.00 to the first defendant (Lee) and DAP (Tan, Gobind, and Lim). The second (Mikini Dotcom Sdn Bhd, as owner and publisher of Malaysiakini) and third (Gan) defendants were also entitled to costs of RM75,000.
During today's proceedings, Rahim was represented by lawyers Choo Shi Jin and Harel Nieryan Abu Bakar, while lawyers Sangeet Kaur Deo and Kee Hui Yee appeared for Lee and Malaysiakini, respectively.