PUTRAJAYA: TV3 has obtained leave to appeal against the decision of a Court of Appeal, which last year ruled in favour of former Perak menteri besar (MB) Datuk Seri Mohammad Nizar Jamaluddin in a defamation suit against the television station.

A five-man Federal Court bench led by Tan Sri Raus Sharif allowed the broadcaster’s application but on a single question of law — whether there was real danger of judicial bias by Datuk Mohamad Ariff Md Yusof, who chaired the appellate court bench.

TV3 claims that Mohamad Ariff should not have been featured in the panel due to his past affiliation with PAS. 

Raus said leave was granted as there was some basis for a complaint by the applicant because Mohamad Ariff had recused himself when Mohammad Nizar appeared before him in another case in 2009.

TV3 contends that Mohamad Ariff was a PAS legal adviser who represented the party in election petitions and stood as a candidate in the 2004 elections under the Islamist party’s banner.

Mohammad Nizar, who was seeking a declaration that he was the rightful MB following his dismissal from office in 2009, had appeared before Mohamad Ariff, who was later elevated to the bench.

However, in that case, Mohamad Ariff disqualified himself from hearing the judicial review application.

Lawyer Liew Teck Huat, who appeared for TV3, later told reporters that should the Federal Court rule in favour of his client, another Court of Appeal bench would have to be constituted to rehear the case.

TV3 and Buletin Utama producer Rohani Ngah filed a notice of motion last March, stating that Mohamad Ariff should have disqualified himself because of his substantive and active involvement in PAS as recently as 2008.

Mohammad Nizar sued TV3 and Rohani in 2012, claiming they had defamed him in a report that was aired during prime time.

The High Court dismissed Mohammad Nizar’s suit but on appeal, the Court of Appeal consisting of Mohamad Ariff, Datuk Abang Iskandar Abang Hashim and David Wong Dak Wah reversed the decision.

Mohamad Ariff had ruled TV3 was liable for defaming Mohammad Nizar over his tweets on the WWW1 vehicle registration number, which was successfully bid by the Sultan of Johor.

In the ruling, Mohamad Ariff said TV3 had failed to establish the defence of justification.

He said there was malice in the report by the TV station, adding that TV3 also failed to prove that its report was true or partially true. — The Malaysian Insider

This article first appeared in The Edge Financial Daily, on January 28, 2015.