(Nov 16): The Penang High Court today dismissed a defamation suit by Chief Minister Lim Guan Eng and Deputy Chief Minister II Dr P. Ramasamy against the New Straits Times (NST) and its journalist Predeep Nambiar.

The Star Online reported that judicial commissioner Datuk Azmi Ariffin found the NST story titled "Indian-interest group claims thugs interrupted meeting" published on the daily's website on December 4, 2013, a qualified privilege due to absence of malice.

He said the plaintiffs had failed to prove that the article was published with malice, and ordered both Lim and Ramasamy to pay RM100,000 in costs.

Lim in a statement this afternoon said the dismissal of the suit "has left us most appalled" and that both he and Ramasamy had instructed their lawyers to file an appeal.

"With the greatest respect to the judge, this decision marks a new and unprecedented chapter in defamation laws as applied in Malaysia.

"Contrary to existing case law, it appears that journalists, wherever they may come from, are now able to write anything and having the same published without the need for prior verification on the facts involved from affected parties," he said.

Lim added that he could not see how mere reporting without any need to verify the facts and truth could be construed as responsible journalism.

Such absence of restraint would only lead to false and scandalous reporting in complete disregard of the truth, he said.

"The present legal position is that there must be verification to ensure that there is truthful reporting. As such, to uphold our contention and the present legal position that prior verification of the facts is required.

"Bear in mind that if we had known that no prior verification of the facts was required, both Ramasamy and myself would not have filed any defamation suits as there would be no defamation laws in Malaysia," he said.

Lim and Ramasamy had filed the suit against NST and Nambiar, alleging that they had "intentionally, incorrectly and maliciously caused the article to be written, printed and published on the daily’s website".

The article was based on a press conference held on Dec 4, 2013 by Concerned Citizens of the Indian Community spokesman Ganesan to highlight a police report he had lodged on Dec 3.

The article quoted Ganesan as saying that a few "thugs" had interrupted the group’s meeting on Nov 30, 2013, to stop them from sending a petition on Indian crematoriums.

In the article, Ganesan was quoted as saying: "Based on what was said by these thugs, we believe these thugs were sent in by Chief Minister Lim and his deputy P. Ramasamy."

Ganesan had lodged a police report on the incident, followed by a press conference. – The Malaysian Insider