Federal Court reserves judgment in Mkini's appeal against RAGM

 

The Federal Court has reserved its judgment with regard to Malaysiakini’s appeal in a defamation suit by the Raub Australian Gold Mining (RAGM) company.

The five-person bench heard the appeal online in the Federal Court at the Palace of Justice in Putrajaya while the respective counsel submitted from their respective firms.

Members of the media were allowed to view the livestream of the proceedings at the assembly hall of the Palace of Justice.

The proceedings were held online due to Putrajaya still being under the conditional movement control order (MCO).

Members of the bench were Federal Court judges Vernon Ong Lam Kiat, Abdul Rahman Sebli, Zaleha Yusof, Hasnah Mohammed Hashim and Harmindar Singh Dhaliwat.

“We thank both counsel for their submissions. We need time to digest and to peruse the written submissions and authorities in relation to the appeal.

“We reserve our decision and will inform the parties when the decision is ready,” said Ong, the head of the panel.

Cyrus Das represented Malaysiakini while Cecil Abraham acted for RAGM.

Malaysiakini is appealing against a Court of Appeal decision in January 2018 which ordered the news portal to pay a sum of RM350,000, comprising RM200,000 in damages and another RM150,000 in legal costs, to RAGM for defamation.

The Court of Appeal overturned an earlier decision of the High Court in Kuala Lumpur that dismissed RAGM's claim.

RAGM's lawsuit was filed over a series of Malaysiakini reports on the health concerns of Bukit Koman villagers in Raub, Pahang, who had raised the alarm that cyanide was being used by the mine to extract gold.

The gold mine has since gone into voluntary liquidation and is no longer in operation.

One of the key issues the Federal Court will determine in the appeal is on the defence of reportage.

In the wake of the Court of Appeal decision, Malaysiakini managed to raise RM350,000 from its readers and supporters in two weeks to pay for the damages and costs.

Leave was granted to Malaysiakini to challenge the appellate court decision in 2018. 

Federal Court judge Zainun Ali, who led a three-member bench then, allowed nine questions of law to be posed to the apex court on the defence of reportage and whether damages for defamation should be awarded to a company that has gone into liquidation. - Mkini