Appeals court dismisses Mazlan, printer's appeal in defamation suit
PUTRAJAYA: National Felda Settlers' Children's Association (Anak) president Mazlan Aliman and a printer lost their appeal to overturn a High Court judgement ordering them to pay RM350,000 in damages to Federal Land Development Authority (Felda) for defamation.
Court of Appeal three-man bench chaired by Justice Datuk Dr Hamid Sultan Abu Backer unanimously dismissed Mazlan's appeal and ordered him to pay RM10,000 costs.
The other two judges were Datuk Zamani A. Rahim and Datuk Hasnah Mohammed Hashim.
Justice Hasnah, who delivered the judgement, held that the High Court judge had applied the correct principles of law when she found that there was no concluded agreement between the parties in the lawsuit to record a consent judgment.
She said since it was a "without prejudice" letter sent to Felda, the negotiations were still open and parties were still at liberty to either further discuss settlement or to proceed with the trial.
"It is settled law that letters written "without prejudice" are inadmissible in evidence of the negotiation attempted," she said, adding that on Dec 10, 2014, parties through their respective solicitors, made attempts to settle the dispute and correspondences were exchanged between the respective solicitors.
Justice Hasnah said High Court Judge Datuk Su Geok Yiam conducted a trial within a trial to determine whether there was concluded agreement between parties to record a consent judgment based on the letters dated Dec 12, 2014.
She said the High Court judge examined the letters and found that there was no concluded agreement between the parties and the settlement could not materialise as the Felda chairman did not agree to the proposed terms of settlement.
On May 29, last year, the High Court in Kuala Lumpur allowed Felda's claim and ordered Mazlan and Angkatan Edaran Enterprise Sdn Bhd to pay Felda RM350,000 in general damages and aggravated damages to Felda.
Felda sued Mazlan, 50, and Angkatan Edaran Enterprise for defamation over the publication of a book in 2008, alleging that the content was malicious and aimed at damaging its reputation and image in the eyes of the public.
In his statement of defence filed on Sept 14, 2009, Mazlan said as a settler's son, he had an interest in exposing any misconduct or wrongdoing in Felda's operations and administration and the people, particularly the settlers in the country had a corresponding interest to know about it.
The appellants' lawyer Nasar Khan Mirbas Khan told reporters that they would bring the matter to the Federal Court. Lawyers Wan Azmir Wan Majid and Norhazira Abu Haiyan represented Felda. — Bernama