Zaid, partners appeal dismissal of libel suit against ex-Bar president
Zaid Ibrahim, Liew Teck Huat, and Rueben Mathiavaranam are appealing against the High Court's dismissal of their lawsuit against the Malaysian Bar and ex-president Karen Cheah for libel, breach of statutory duty, and conspiracy to injure.
PETALING JAYA : Former law minister Zaid Ibrahim and two others have filed an appeal to overturn a High Court decision dismissing their libel suit against the Malaysian Bar and its former president over statements concerning their conduct in Najib Razak's final SRC International appeal.
Lawyers Liew Teck Huat and Rueben Mathiavaranam, the co-appellants, confirmed that the notice of appeal was filed well ahead of its 30-day deadline.
The appeal is from a ruling delivered by Justice Roz Mawar Rozain on May 29.
'We are now preparing the memorandum of appeal for the Court of Appeal to state where the trial judge erred. It will be filed by Aug 28,' Mathiavaranam told FMT.
Roz Mawar said Zaid, now in legal practice, Liew and Mathiavaranam had failed to prove on a balance of probabilities that they were defamed in a media statement issued by then Bar president Karen Cheah.
The judge also dismissed the trio's claims for conspiracy to injure and breach of statutory duty under the Legal Profession Act 1976.
The suit was filed on Sept 30, 2022 over Cheah's statement titled 'Abuse of process brings disrepute to our justice system'.
The plaintiffs contended that Cheah's remarks implied that the three lawyers had 'undermined the justice system through unscrupulous strategies'.
The statement, published on Aug 19, 2022, was carried by several media organisations on the same day.
The plaintiffs alleged that the words in the press statement were calculated to 'disparage, besmirch and damn' them in their professional capacities as advocates and solicitors.
Najib appointed Zaid's law firm on July 25, 2022 to replace Shafee & Co as solicitors in his final SRC International criminal appeal before the Federal Court.
Hisyam Teh Poh Teik was named lead counsel, replacing Shafee Abdullah.
Roz Mawar agreed that the media statement had identified the plaintiffs and was published as alleged. However, she said the words, in their natural and ordinary meaning, were not defamatory of the plaintiffs.
The judge said the plaintiffs themselves had, before the publication, made multiple public disclosures, including press interviews, social media postings, and commentaries.
Roz Mawar said the court also found no evidence to support the plaintiffs' claim of conspiracy to injure and breach of statutory duty.
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