The Penang High Court today threw out the defamation suit by Chief Minister Lim Guan Eng and his deputy P Ramasamy against the New Straits Times and its journalist, over an article published online on Dec 4, 2013.

Judicial Commissioner Azmi Ariffin dismissed the suit and ordered the duo to pay RM100,000 in legal costs to the English daily and journalist Predeep Nambiar.

Azmi ruled that the article headlined “Indian-interest group claims thugs interrupted meeting” was not defamatory or malicious.

This was in response to the joint statement of claim by Lim and Ramasamy ( photo ) who alleged that Predeep and NST had “intentionally, incorrectly and maliciously” caused the article to be written, printed and published.

The duo had sought general damages, aggravated damages and costs, together with an apology to be published, as well as the withdrawal of the article.

Both NST and Predeep had denied defaming Lim and Ramasamy, stating that they were merely reporting what was said - without adding anything beyond - by Hindraf national adviser N Ganesan who held a press conference in Bayan Baru on Dec 4 to make the claims.

NST and Predeep were represented by Leong Wai Hong, while N Mureli acted for Lim and Ramasamy.

Will appeal court decision

In an immediate response, Lim said he and Ramasamy will appeal the High Court decision, which he described as “regrettable”.

Lim said the decision left the duo “most appalled”.

“With the greatest respect to the judge, this decision marks a new and an unprecedented chapter in defamation laws as applied in Malaysia.

“Contrary to existing case law, it appears that journalists, wherever they may come from, are now able to write anything and having the same published without the need for prior verification on the facts involved from affected parties,” he said in a statement.

“I cannot see how mere reporting without any need to verify the facts and truth can be construed as responsible journalism,” Lim added.

He said such absence of restraint would only lead to “false and scandalous reporting in complete disregard of the truth”.

The present legal position is that there must be verification to ensure that there is truthful reporting, Lim added.

“Bear in mind that if we had known no prior verification of the facts are required, both Ramasamy and myself would not have filed any defamation suits as there would be no defamation laws in Malaysia.

“Both the DCM II and I have instructed our solicitors to file the notice of appeal against the entire decision,” he said.