
In an affidavit filed to oppose Muhyiddin’s application for a stay of execution, Lim said the former prime minister had shown he has the means to do so in a public declaration made in July 2020.
He said a Cabinet asset declaration list published by the Malaysian Anti-Corruption Commission showed that Muhyiddin drew a monthly income of RM93,841.65 and owned assets worth between RM10 million and RM15 million.
Earlier this week, Muhyiddin sought to stay the execution of a High Court judgment handed down in Lim’s favour in a defamation suit brought over remarks the former made concerning Yayasan Albukhary’s tax-exempt status.
He said that if adjudged a bankrupt, he could be disqualified from holding office as an MP.
Muhyiddin said Lim’s solicitors had written on two occasions to demand payment of the judgment debt.
He said he required time to raise the amount.
Muhyiddin said he was prepared to put up half the judgment sum awarded pending the outcome of his appeal to the Court of Appeal from that judgment. He proposed to pay RM700,000 into a fixed deposit account to be held by Lim’s solicitors as stakeholders pending the disposal of the appeal.
However, Lim said the proposal ought to be rejected as it questioned the integrity of the judgment handed down by the court. He said the judgment sum, although substantial, does not in itself give rise to a special circumstance warranting the grant of a stay.
Lim, the DAP chairman and Bagan MP, said Muhyiddin’s appeal will not be rendered nugatory because the judgment is purely monetary in nature.
“There exists no risk of the dissipation of the judgment sum as I am a Malaysian and have assets within the jurisdiction of this court. The judgment sum can be easily recovered (from me) when required,” he said.
Justice Roz Mawar Rozain is scheduled to hear the stay application on Monday.
On Nov 8, Roz Mawar ruled that Lim had proved his case on a balance of probabilities, holding that three statements made by Muhyiddin had lowered Lim’s reputation in the eyes of an ordinary person.
She awarded Lim RM350,000 in general damages for each of the three defamatory statements, RM150,000 in aggravated damages, and an additional sum of RM150,000 as exemplary damages.
She also ordered Muhyiddin to pay RM50,000 in costs and directed that he retract the offending statements and not republish them.
She had held Muhyiddin liable for a statement he made on March 9 alleging that Lim, as the finance minister at the time, had wrongfully caused the Inland Revenue Board (LHDN) to revoke the tax-exempt status of Muslim charitable organisation Yayasan Albukhary.
The statement was published shortly after Muhyiddin was released from arrest by MACC.
The judge also found a second statement made in a media release issued by Muhyiddin two days later to be defamatory of Lim.
Muhyiddin had claimed that Lim, as the finance minister, was responsible for imposing a tax on the foundation and for levying a 45% penalty on tax payable for preceding years.
A third statement was made by Muhyiddin to the media after he delivered his winding-up speech at Bersatu’s annual general assembly on March 12.
In that statement, he claimed that the instructions to cancel the foundation’s tax-exempt status must have come from Lim as LHDN was within his purview at the time.
Roz Mawar said the three statements implied that Lim had abused his power against Muslims.