[2022] 5 MLRH 611

High Court Malaya, Shah Alam
Azimah Omar J
[Civil Suit No: WA-23CY-37-07-2019]
23 May 2022


Azimah Omar J:

A. Introduction

[1] The present case before this Court is a claim for tortious defamation involving two prominent individuals wherein the plaintiff is claiming for inter alia RM10 million in general damages against the defendant for the publication of an article authored by the defendant which the plaintiff alleged was defamatory and had tarnished his reputation.

[2] The plaintiff is Mohamed Apandi Ali who once held one of the most important positions in the public service as the Attorney General of Malaysia ("the Malaysian AG/the AG"). The plaintiff's tenure as the Malaysian AG reigned from 2015 to 2018 which coincided with the reign of the ex-Prime Minister Najib Razak.

[3] At this juncture, it is pertinent to observe that art 145(2) of the Federal Constitution explicitly prescribed that the AG shall have the power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah Court, a native court or a court-martial. In addition, s 376(1) of the Criminal Procedure Code ("the Code") has vividly spelt out that the AG shall be the Public Prosecutor of Malaysia who shall have the control and direction of all criminal prosecutions and the proceedings instituted and governed under the Code.

[4] It must be mentioned here that the plaintiff also previously served as a member of the Malaysian Judiciary serving as a Judge of the Federal Court, the Court of Appeal, the High Court, and as a Judicial Commissioner of the High Court, prior to his appointment as the Attorney General on 27 July 2015.

[5] Whilst the defendant, Lim Kit Siang undeniably is a notable senior and veteran politician under the umbrella of the political party, namely, the Democratic Action Party (DAP). The defendant is a member of Parliament for the constituency of Iskandar Puteri having a public service centre at No 15-01, Jalan Prima Niaga 1, Taman GP Prima, 81550 Geiang Patah, Johor DT and/ or at address C/O DAP@ Jalan Yew off Jalan Pudu, 55100 Kuala Lumpur.

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