Rafizi withdraws appeal in Najib, Rosmah 'diamond ring' suit

PKR vice-president Rafizi Ramli and Media Rakyat owner Chan Chee Kong today withdrew their appeal at the Federal Court in the suit filed against them by caretaker prime minister Najib Abdul Razak and his wife Rosmah Mansor.

Rafizi and Chan were sued over remarks the former made in 2015, where he said that fuel subsidies were being maintained to allow Rosmah to purchase more diamond rings.

Lawyer Razlan Hadri Zulkifli, appearing for Chan and mentioning on behalf of Rafizi, told the five member bench led by Court of Appeal president Justice Zulkefli Ahmad Makinudin that the appeal would be withdrawn.

"We have also agreed to pay costs of RM10,000 to the plaintiffs," Razlan said, a sum which was agreed upon by Najib and Rosmah’s counsel, Mohd Hafarizam Harun.

Zulkefli and other members of the bench – Chief Judge of Malaya Justice Ahmad Maarop, and Federal Court judges Justice Zainun Ali, Justice Azahar Mohamed and Justice Zaharah Ibrahim – agreed to strike out the appeal.

Today was initially fixed for the hearing of Rafizi and Chan's appeal after leave was granted on June 20, last year for the court to decide on four questions of law.

• Whether allegedly defamatory words spoken in jest could qualify for the defence of fair comment;
• Whether allegedly defamatory words spoken in a hyperbolic or exaggerated fashion could qualify for the defence of fair comment;
• Whether it was appropriate for a judge hearing the striking-out applications to decide whether allegedly defamatory words spoken were fact or opinion; and
• Whether it should only be left to the trial judge, after hearing viva voce evidence, to decide whether the allegedly defamatory words spoken were fact or opinion.

According to Razlan, Rafizi will issue a statement over the decision to withdraw the appeal.

In 2015, Najib and Rosmah claimed that Rafizi had defamed with the jibe about the diamond rings and filed suit.

Chan, the owner of the Media Rakyat YouTube channel, was also named in the suit, after uploading a video of Rafizi's speech.

The High Court had dismissed Najib and Rosmah's application on the grounds of fair comment, but this was later overturned by the Court of Appeal.

The withdrawal of Rafizi’s appeal comes after Rosmah accused him of telling “half-truths” over the ring last week. - Mkini