JUDGMENT

Abang Iskandar Abang Hashim JCA:

Background Of The Case

[1] Tan Sri Harris bin Mohd Salleh ("the plaintiff ") is a former Chief Minister of Sabah and is presently a businessman who sits on the boards of directors of several companies. Dr Chong Eng Leong ("the defendant") is a surgeon and a politician.

[2] This case was concerned with a claim for defamation arising from the publication of an article in a Sabah local newspaper. The plaintiff alleged that the defendant had committed the tort of libel against him.

[3] In the Daily Express Newspaper issue dated 17 July 2011 which was published on Sunday, the defendant had caused to be published the heading "Harris should clear his name" ("the impugned article") the words which the plaintiff claimed to be defamatory.

[4] In the impugned article, it was stated by the defendant:

"A political activist said former Chief Minister Tan Sri Harris Salleh has been implicated in the book by MD Mutalib entitled "IC Projek- Agenda Tersembunyi Mahathir?."