
Judge Azimah Omar found that Lim’s remarks in the article titled “Dangerous fallacy to think Malaysia is on the road to integrity” were not defamatory.
In his lawsuit, Apandi had alleged that the Iskandar Puteri MP’s statement depicted him as someone who was immoral and unethical, without integrity, and had practised double standards while holding the position of attorney-general.
“The plaintiff’s (Apandi) claim is dismissed,” Azimah added.
The court awarded Lim RM80,000.
In the court’s ruling, Azimah said that Lim proved his defence of fair comment and qualified privilege.
“It is well known that calls to investigate and charge those involved in the 1MDB scandal have been made through the proper channels for many years.
“A task force involving the MACC (Malaysian Anti-Corruption Commission), police and AGC (Attorney-General’s Chambers) was set up to investigate and make appropriate recommendations on 1MDB.
“It is apparent that this complaint (on wrongdoing) to proper channels has fallen on deaf ears, until the fall of Barisan Nasional (BN),” she said.
Azimah pointed out that Lim was justified in questioning Apandi’s refusal to act on 1MDB.
“Indeed, the plaintiff’s action and inaction seemed to have assisted 1MDB and those (purportedly) involved.
“The defendant (Lim) had concrete evidence to justify his statement, and the evidence gave reasonable grounds to investigate the plaintiff for cover-ups in 1MDB,” she said.
The court noted that during the defence’s cross-examination against Apandi, he admitted that it was “imperative” to seek mutual legal assistance from foreign countries on the 1MDB probe.
“As an AG, he must be proactive, fearless and act rigorously to ensure that no crimes are left unchecked,” Azimah said.
Apandi was represented by lawyers M Visvanathan and V Sanjay Nathan while Ramkarpal Singh and Sangeet Kaur Deo appeared for Lim.
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