Court dismisses Ganad Media's appeal in defamation suit against theSun

PUTRAJAYA: The Appellate Court today dismissed Ganad Media Sdn Bhd's attempt to reverse the High Court's decision on its defamation suit against theSun.

Affirming the High Court decision, the three member panel chaired by Datuk David Wong Dak Wah said the articles published in theSun were justified and fair comment.

"We are not convinced by the appeal; the findings of the High Court judge are not perverse," he said, dismissing the appeal and fixing costs at RM20,000.

Outdoor advertising company Ganad Media and its chief executive officer Gan Kok Beng lost their bid to appeal against the High Court decision to dismiss a defamation suit against theSun.
Quashing the suit, High Court judge Datuk Lau Bee Lan awarded theSun costs of RM60,000.
Her judgement stated, amongst others, Ganad had operated its billboards on state land illegally as it did not have the necessary permits, nor Temporary Occupation Licences (TOL).

The Judge had held that at the time the articles were published, Ganad's billboards were illegal because they should have had, but did not have, valid advertising licences under the Advertisement (Petaling Jaya City Council) By-Laws 2007, the necessary structural permits required under By-Laws 19 & 20 of the Selangor Uniform Building By-Laws 1984, and TOLs as required under the National Land Code 1965.

The High Court had also accepted that, at a town hall meeting held at the PJ city council on Nov 14, 2008, Gan had admitted that he had paid for some sites.

The defamation suit was filed in 2009 over three articles written by theSun's former deputy editor (special reports and investigations) Terence Fernandez in November 2008 which they alleged were defamatory and led to losses of RM4 million.

The main offending article was "A day of many firsts" which Fernandez had penned in his column Down to Earth that said Gan had admitted at a town hall meeting at the Petaling Jaya City Council (MBPJ) on Nov 14, 2008 of having to "pay" to secure some of his sites.

Ganad named theSun's publisher, Sun Media Corporation, former managing editor Chong Cheng Hai and Fernandez as defendants, and had sought RM10 million in damages and an unspecified sum in aggravated and exemplary damages.
theSun was represented by Datuk Nitin Nadkarni and Crystal Wong Wai Chin from Lee Hishammuddin Allen & Gledhill.