PUTRAJAYA, June 18 — The Court of Appeal here today reduced the general damages awarded to DAP adviser Lim Guan Eng from RM1.05 million to RM450,000 in a defamation suit filed against Tan Sri Muhyiddin Yassin relating to the revocation of tax exemption for Yayasan Albukhary.
A three-member panel comprising Datuk Azhahari Kamal Ramli, Datuk Ahmad Kamal Md Shahid and Datuk Seri Latifah Mohd Tahar made the ruling after allowing part of Muhyiddin’s appeal against the Kuala Lumpur High Court’s decision.
In the unanimous verdict, Justice Azhahari said after examining the three impugned statements dated March 9, 11, and 12, 2023, the High Court was correct in finding that the statements were defamatory and there was no reason to disturb this finding of fact.
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“On the issue of quantum, having considered the pattern of events, and the evidence adduced at trial, we are of the opinion that the general damages awarded are manifestly high.
“Accordingly, this court awarded RM150,000 for each of the three statements leading to RM450,000. We therefore substitute the sum of RM1.05 million with RM450,000,” he said.
The panel also set aside the High Court’s decision in awarding RM150,000 for aggravated damages and RM150,000 for exemplary damages to Lim.
However, the court granted Lim’s cross appeal on interest and ordered that interest be paid at the rate of five per cent per annum from the date of judgment until full settlement.
The panel ordered Muhyiddin to pay RM5,000 in costs to Lim, while the former Penang chief minister was ordered to pay RM30,000 in costs to the former prime minister.
On March 27, 2023, Lim filed a lawsuit against Muhyiddin for allegedly making three defamatory Facebook statements on March 9, 11, and 12, 2023, involving him in the tax exemption issue.
Reports on the matter were subsequently published in several newspapers and news portals.
In Nov 2024, the High Court allowed Lim’s suit and ordered Muhyiddin to pay RM350,000 for each of the three statements leading to RM1.05 million in general damages, RM150,000 for aggravated damages and RM150,000 for exemplary damages.
— BERNAMA
