Kota Kinabalu: The Court of Appeal delivered its ruling Wednesday in a defamatory action commenced by Datuk Christina Liew in the High Court against Leksun bin Injil.
In the High Court, the trial judge found Leksun liable in uttering defamatory words against Liew in regard to the Bagahak Plantation Scheme.
Leksun uttered the offending words at the Gaya Street Sunday Market three days before polling day for the 15th General Election (GE15) where Liew was the Parti Keadilan Rakyat’s candidate for Api Api and Tawau.
Leksun appealed against the decision of the High Court.
A three-member panel comprising Justices Datuk Abdul Karim Abdul Jalil, Dato’ Abu Bakar Jais and Datuk Supang Lian, in a unanimous decision, found no merits in Leksun’s appeal. Thus, the panel upheld the High Court’s decision.
In the High Court trial, Justice Leonard David Shim awarded damages of RM100,000 to be paid by Leksun to Liew; an injunction restraining Leksun whether by himself, his servants or agents or otherwise, from publishing or causing to be published or contributing to the publication of the video defamatory of Liew; interest on the damages at the rate of five per cent per annum from the date of commencement of the action to the date of judgement and thereafter to the date of realisation.
He also allowed costs of RM50,000 to be paid by Leksun to Liew subject to payment of allocatur fee.
Liew was represented by counsel Datuk Alex Decena and Jordan Kong. Counsel Yong Yit Jee and Shim Mong Seng represented Leksun.
