Gerakan No 2 files appeal in Guan Eng defamation case
KUALA LUMPUR : Gerakan deputy president Oh Tong Keong has filed an appeal against a High Court decision ordering him to pay Lim Guan Eng damages of RM550,000 for falsely accusing the former finance minister of helping a concert organiser obtain tax exemptions.
Oh's lawyer, Chai Ko Thing, said the appeal was filed on May 21 to challenge the judgment delivered by the High Court in George Town on May 7.
'The application for a stay of execution was filed on May 22 pending the outcome of the appeal to the Court of Appeal,' Chai told FMT.
He said the court has fixed tomorrow for case management of the stay application.
On May 7, the High Court awarded Lim RM550,000 in damages after ruling that Oh had falsely accused him of helping a concert organiser obtain tax exemptions while the former was the finance minister.
Justice Kenneth St James ruled that Oh had defamed Lim at a press conference on Sept 25, 2019, and through a press release sent out by Penang Gerakan's official email address. The remarks were later published by China Press, which was also found liable.
Oh had questioned why Lim had granted tax exemptions to WGW Entertainment Sdn Bhd and its owner, Hendrik Huang, for a Mandopop concert at Spice Arena.
The judge found that Oh had no basis for his claims and gave no evidence that Lim knew Huang or had granted any tax privileges.
He said although Oh's statements were framed as questions, they were found to be defamatory in nature and did not qualify as fair comment.
Oh was also ordered to publish an unconditional apology to Lim in China Press, online and in print. He was also barred from repeating the claims.
China Press was ordered to pay RM150,000 in damages, RM80,000 in costs, and interest at 5% per annum.
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