DATUK HARRIS MOHD SALLEH v. DATUK YONG TECK LEE & ANOR

[2017] 6 MLRA 281
Federal Court, Putrajaya
Raus Sharif CJ, Ahmad Maarop CJM, Hasan Lah, A Samah Nordin, Aziah Ali FCJJ
[Civil Appeal No: 02(f)-100-12-2014(S)]
Raus Sharif CJ, Ahmad Maarop CJM, Hasan Lah, A Samah Nordin, Aziah Ali FCJJ

Tort : Defamation - Libel-Defence of qualified privilege - Publication of statements made by 1st defendant which were defamatory of plaintiff - Whether inclusion of defamatory statements contributed to public interest element in publication and was justified - Whether truth and accuracy of information from which statements derived verified - Whether defendants established Reynolds privilege defence

This case concerned the plaintiff's appeal against the decision of the Court of Appeal reversing the decision of the High Court which had allowed the plaintiff's claim for libel against the defendants. The suit by the plaintiff was triggered by a speech entitled "Minyak Sabah Untuk Siapa?" delivered by Tengku Razaleigh Hamzah ('Tengku Razaleigh'). The 1st defendant made two statements ('the impugned statements') in the context of the revelation by Tengku Razaleigh in the speech pertaining to events prior to the Nomad aircraft which crashed near Sembulan, Kota Kinabalu, killing all on board including the newly appointed Chief Minister at the material time, the late Tun Fuad Stephens and more than half of the Berjaya Cabinet Ministers ('the double six tragedy'). The High Court found that

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