Lim’s lawyer Americk Sidhu said this was because Lim had filed the suit in his personal capacity and not as the Penang chief minister.
“Lim’s appeal is still alive as he sued the Umno-controlled media and Perkasa in his personal capacity as they accused him of treason,” said Americk.
He said while he disagreed with the apex court’s ruling, Lim was merely protecting his reputation as a politician, just like a doctor who was practising medicine.
“We just want the apex court to allow our appeal and reinstate the findings of the High Court,” he told reporters after case management today.
On Wednesday, the Federal Court ruled the right of federal and state governments to sue and be sued as was provided for under Section 3 of the Government Proceedings Act 1956.
Judge Ahmad Maarop, who delivered the unanimous decision, said the 1993 English case law of Derbyshire County Council v. Times Newspaper Ltd could not be applied to Malaysia which has restrictions to freedom of speech.
The celebrated British case said local authorities must be open to criticism as political and administrative bodies, and should not sue for defamation.
In Lim’s case, the Court of Appeal on Dec 21, 2016 held that he, being a public officer, could not sue for defamation.
Rohana Yusof, who led a three-member bench, said the court accepted that the legal principle established in Derbyshire also applied here.
In May 2012, Lim sued The New Straits Times Press (NSTP), Utusan Melayu (M) Sdn Bhd, Perkasa, its president Ibrahim Ali and an Umno branch chief from Negeri Sembilan, Ruslan Kassim.
Also named as parties were former NSTP group editor Syed Nadzri Syed Harun and the then Utusan group editor Abdul Aziz Ishak.
In March 2015, High Court judge Nor Bee Ariffin ordered Ibrahim, Ruslan and Perkasa to pay RM150,000; while NSTP and Utusan were each ordered to pay RM200,000.
Ruslan had claimed that Lim leaked Malaysia’s secrets during his trip to Singapore with InvestPenang in 2011.
In his suit, Lim said Ruslan had published a statement on Perkasa’s website on Oct 1, 2011, asking businessman Mohamad Azman Yahya to explain his meeting with another corporate leader, Kalimullah Hassan, and a PAP senior leader in Singapore on Aug 12, 2011.
Lim said the statement implied that he was endangering national security by exposing the country’s secrets to Singapore.
Ruslan’s comment had been carried by the New Straits Times and Berita Harian, publications under NSTP’s stable, and Utusan Malaysia, under Utusan Melayu.