Publisher, author to pay RM250,000 in damages to Guan Eng, businessman

GEORGE TOWN: The High Court here today ordered the now-defunct news portal, FZ Sdn Bhd, and its managing editor Terence Fernandez to pay RM150,000 in damages to Penang Chief Minister Lim Guan Eng and RM100,000 to businessman Tan Sri Tan Kok Ping over a defamatory article on the purchase of a Mercedes Benz car, four years ago.
Judicial Commissioner Datuk Abdul Wahab Mohamed also ordered the news portal to pay RM35,000 respectively, in legal costs to Lim and Tan.
In his judgment, Abdul Wahab said there was defamatory element in the article posted by www.fz.com, as the defendants failed to confirm with the plaintiff first before writing the article.
"The words used in the article are defamatory. The court found the qualified privilege defence did not apply because the defendants failed to do several things, such as confirming with the plaintiff …, verifying, making a simple search online when some of the facts were not correct," he added.
The article had alleged that the Mercedes-Benz was purchased by the Penang Government from a motor company in which Tan was then believed to have had a stake.
In January 2014, Lim as the plaintiff filed the suit by naming the company as the first defendant and Fernandez, who was the author of the article as the second defendant. Tan also filed a suit against the portal company.
In the statement of claim, Lim said an article entitled 'MACC begins probe on Merc purchase,' was written by Fernandez and posted by FZ.com on Jan 3, 2014.
The Chief Minister claimed the article portrayed him as being corrupt, dishonest, untrustworthy and not fit to be a leader of the people of Penang.
Lim claimed the article also described him as being involved in corruption, and a criminal suspected of committing graft, resulting in an investigation conducted by the Malaysian Anti-Corruption Commission (MACC).
In the statement of claim, he also said the MACC had denied issuing a statement that it had started probing him to the media and denied investigating him regarding the purchase of the Mercedes Benz as of Jan 5, 2014.
Lim, therefore demanded general damages, aggravated damages, exemplary damages, an order for the defendants to withdraw the defamatory article and apologise to him for writing and publishing the article, interest, costs and other relief deemed appropriate.
Meanwhile, Fernandez, who was met by reporters outside the court, said he would discuss with his lawyers to appeal against the court's decision today.
Lim was represented by Datuk N. Mureli and Edwin Raj, while lawyers Christina Siew and Goh Chek Kang represented Tan.
Raja Eileen Soraya Raja Aman and Amanda Loh Yuen Ching acted for FZ and Fernandez. — Bernama