RM1m suit against Yong: Harris gets leave to challenge decision

KOTA KINABALU: Former Chief Minister Tan Sri Harris Salleh succeeded to get leave from the Federal Court to challenge the Court of Appeal's decision to overturn the High Court's decision to order Sabah Progressive Party (SAPP) and its president Datuk Yong Teck Lee to pay RM1 million to him for libel over the 'Double Six' tragedy.Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin who sat with Justices Tan Sri Suriyadi Halim Omar, Tan Sri Ahmad Haji Maarop, Tan Sri Haji Mohamed Apandi Ali and Datuk Ramly Haji Ali, in their unanimous decision, allowed the leave application to appeal on only one question of law.

The question allowed by the apex court which had been amended is on whether the defence of qualified privilege can be invoked by the first respondent (Yong Teck Lee) against any person who relied on information, the truthfulness or accuracy of which is doubted and /or which is already known to the public.

Harris' counsel Yunof Maringking and Trevor Maringking had earlier raised eight questions in the application.

Yong, also a former chief minister, and SAPP were represented by counsel Datuk Simon Shim.

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On Feb 29, 2012 Harris won the libel suit against SAPP and Yong for insinuating that he (Harris) was involved in causing the Double Six tragedy that killed Tun Fuad Stephens and all those on board the Nomad aircraft on June 6, 1976.

The High Court ordered Yong and SAPP to pay RM1 million to Harris in damages.

Harris had named Yong as first defendant and SAPP as second defendant, for libel.

However, the Court of Appeal on Nov 18, 2013, had set aside the High Court's decision and allowed the appeal by SAPP and Yong with costs of RM150,000 and also ordered Harris to refund the amount paid by Yong and SAPP to him.

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The appellate court justices in their decision, held among others that they were satisfied that the defence of qualified privilege was not properly considered by the trial judge and the law on the subject was not properly applied to the facts of the present case.

Caption: Yong (left) with his counsel Shim (centre) outside the court after the proceedings.

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