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Court finds TV3 guilty of defaming Nizar

FEBRUARY 25, 2014

The Court of Appeal here today ruled that TV3 is liable for defaming former Perak Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin over his tweets on the WWW1 vehicle registration number which the Sultan of Johor successfully won in a bid. File pic of Nizar and his wife Fatimah Taat outside the Federal Court in Putrajaya. — AFP picPUTRAJAYA, Feb 25 — The Court of Appeal here today ruled that TV3 is liable for defaming former Perak Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin over his tweets on the WWW1 vehicle registration number which the Sultan of Johor successfully won in a bid.

A three-member panel chaired by Justice Datuk Mohamad Ariff Md Yusof unanimously allowed Mohammad Nizar’s appeal to set aside the decision of the High Court, which had dismissed his (Mohammad Nizar’s) RM50 million defamation suit against TV3.

Justice Ariff subsequently remitted the case back to the High Court for assessment of damages.

In his ruling, Justice 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 court is of the view that the High Court’s decision cannot be sustained and is hereby set aside,” said Justice Ariff, who presided on the panel with Justices Datuk David Wong Dak Wah and Datuk Abang Iskandar Abang Hashim. - MMail

THEN 

Thursday February 26, 2009

JC opts out of Nizar suit

BY M. MAGESWARI

 JC recuses himself from hearing case against Perak MB

KUALA LUMPUR: Judicial Com­missioner Mohamad Ariff Md Yusof has recused himself from hearing the judicial review filed by former Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin challenging the validity of his successor’s appointment, saying he made the decision based on the principles of justice.

“The primary concern must be that justice must manifestly be seen to be done,” he said.

Justice Mohamad Ariff noted that his involvement had already courted controversy “whether rightly or wrongly”.

He said his decision was not an outcome or a reaction against adverse comments on blogsites or certain sections of the mainstream media.

“It will be a sorry day for the judiciary if a judge’s conduct has to be conditioned by these extraneous factors, since they will fetter the independence of the judiciary unduly,” he said.

Last week, Justice Mohamad Ariff told the parties concerned that he was considering recusing himself from the case due to his previous active involvement as an adviser and counsel for PAS and PKR in a number of matters.

The judge revealed in court yesterday that he had been a member of PAS with party positions at branch, division and state levels and had also contested in the 2004 general election as a PAS candidate. - TheStar