NFCorp chairperson gets leave to appeal in suit against Rafizi
The Federal Court has granted leave to National Feedlot Corporation Sdn Bhd (NFCorp) executive chairperson Mohamad Salleh Ismail to appeal in his defamation suit against PKR vice-president Rafizi Ramli.
A three-person bench chaired by Federal Court judge Abdul Rahman Sebli today issued the ruling, following an agreement between both parties during open-court proceedings today.
Salleh (above) is appealing against the Court of Appeal ruling on May 13 last year, which allowed Rafizi’s appeal to set aside a High Court order for him to pay RM200,000 in damages to Salleh for alleged defamation.
During proceedings before the apex court today, Salleh’s counsel Muhammad Shafee Abdullah said that both parties have agreed for the leave to be granted to proceed with the appeal.
Shafee said that it is because both the appellant and respondent wished to raise with the apex court on issues which were not touched on by the Court of Appeal decision.
“We looked at the Court of Appeal’s grounds of judgment, which had gone off-tangent from what parties meant to argue,” he said.
Rafizi’s counsel Ranjit Singh confirmed this with the apex court, saying that among these issues include the defence of fair comment.
Abdul Rahman then granted leave for Salleh to appeal, with parties allowed to ventilate on the issue of the defence of fair comment, among others.
It is understood that the apex court will later set a hearing date to hear parties’ submissions on the merits of the appeal.
Other members of today’s bench included Federal Court judges Zaleha Yusof and Hasnah Mohammed Hashim.
In 2013, Salleh and NFCorp sued Rafizi over his alleged defamatory statement on March 7, 2012 at a press conference at the PKR office, on the purchase of KL Eco City properties, which was published by Malaysiakini on the same day.
On Oct 31, 2016, the Kuala Lumpur High Court ordered Rafizi to pay RM150,000 in damages to Salleh and RM50,000 in damages to NFCorp after allowing their suit against him.
Rafizi was also ordered by the High Court to pay RM100,000 costs to Salleh.
The High Court, however, dismissed Salleh's suit against Malaysiakini.
Editor's note: Based on legal advice, the commenting feature for the above article has been disabled.
