The three men panel, led by Justice Zawawi Salleh, was unanimous in dismissing the Home Ministry’s appeal against a High Court order. The Order was to assess damages The Edge suffered when it could not publish its business dailies.
“We find the newspaper passed the threshold under Order 53 Rule 5 of the Rules of Court to claim for damages,” Justice Zawawi said, adding “The High Court (order) was correct in calling for damages to be assessed.”
Other judges in the panel included Justices Abdul Rahman Sebli and Prasad Sandosham Abraham.
The panel did not make any order on cost.
Earlier, the appeals court told the newspaper’s lawyer Darryl Goon and senior federal counsel Alice Loke Yee Ching, for the Home Ministry, to only submit on damages as the three-month suspension was academic.
Goon told the court that the Home Ministry had acted in “reckless indifference” on the three-month suspension. He argued the government had breached Section 7 (1) of the Printing Presses and Publication Act 1984 (PPPA).
Senior federal counsel Loke contended there were no constitutional rights infringed.
The Edge Financial, daily and weekly editions, were suspended on July 27 last year, following their reports on the trouble-stricken 1MDB.
The suspension was made under Section 7 of the PPPA. The Home Ministry claimed the articles on 1MDB were prejudicial to public order, national security and likely to alarm public opinion.
The suspension was cut short at the High Court on September 21. The Court allowed the business newspaper’s judicial review to quash the three-month suspension.
Goon told reporters that both parties have to return to the High Court registrar to assess damages.
The High Court will decide on the basis of constitutional compensation and tort of misfeasance.