PUTRAJAYA: The Court of Appeal has dismissed a defamation appeal by former attorney-general Apandi Ali against Lim Kit Siang over an article published by the DAP veteran in 2019 linked to the 1MDB scandal.
Justice Hadhariah Syed Ismail, who chaired a three-member bench, said the High Court did not err in law or on the facts when rejecting Apandi’s suit on May 23 last year.“Lim had successfully raised the defences of justification and fair comment to ward off the suit,” said Hadhariah, who sat with Justices M Gunalan and Azmi Ariffin.Hadhariah said the 1MDB financial scandal was phenomenal as it involved public funds and implicated then prime minister Najib Razak.
“His action and inaction were indeed unreasonable and fell short of public expectation,” she said, adding that Apandi was the author of his misfortune. The judge said the court accepted the lesser meaning ascribed by Lim to the term “aided and abetted”, namely that Apandi had used his office to cover up the scandal.Earlier, counsel Sangeet Kaur Deo said Lim had successfully proven his primary defences of justification and qualified privilege.Sangeet said the court could not ignore the fact that Apandi, as attorney-general, played a critical role in the investigations into the 1MDB scandal.
He said if Apandi had aided and abetted in the 1MDB scandal, all Lim had to do was to contact Apandi and seek clarification before publishing his article.
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