PUTRAJAYA, Aug 26 — The Court of Appeal has upheld the High Court’s dismissal of businessman Tan Sri Tan Kok Ping’s libel suit against Penang Chief Minister Chow Kon Yeow.
A three-member bench comprising Justices Datuk Alwi Abdul Wahab, Datuk Shahnaz Sulaiman, and Datuk Amarjeet Singh unanimously dismissed Tan’s appeal against the November 26, 2024, High Court decision.
Delivering the court’s decision, Justice Alwi said that the High Court did not commit any error which warranted appellate intervention.
“The respondent’s (Chow’s) statements could be regarded as fair comment as they constituted an honest opinion based on proven facts concerning a matter of public interest, namely the governance of a charitable institution,” he said today.
Chow’s defence of justification had been established because the substance of the statements was generally true, and the doctrine of “half-truth” did not apply as no material facts were concealed.
Justice Alwi added that the plaintiff had also failed to prove malice when the statements were made and that Chow’s defence of qualified privilege also applied as he was entitled to publicly respond to Tan’s resignation letter.
The court ordered Tan to pay RM50,000 in costs.
He filed the suit against the Chief Minister in January 2024 over Chow’s statements in connection with his resignation as a trustee of the Silver Jubilee Home for the Aged.
Chow made the remarks at two media conferences in his office at Komtar in Penang on December 1, 2023 and December 6, 2023, which were subsequently carried by the press.
At that material time, both Tan and Chow were trustees of the Penang and Province Wellesley Silver Jubilee Fund, a corporation established to maintain the Silver Jubilee home.
The High Court in Penang had dismissed Tan’s suit, prompting him to appeal to the Court of Appeal.
At the Court of Appeal today, lawyers K. Kirubakaran, Kek Boon Wei, and Lee Wen Qian appeared for Tan, while laywer Cheah Eng Soon represented Chow.
