Federal Court: No judicial bias, TV3 defamed Nizar

The Federal Court today ruled that there was no element of judicial bias in the Court of Appeal ruling ordering TV3, or Sistem Televisyen (M) Bhd, to pay damages to former Perak Menteri Besar Mohamad Nizar Jamaluddin for defamation.

Chief Judge of Malaya Justice Zulkefli Ahmad Makinudin who led a five-member bench unanimously set aside TV3's appeal of judicial bias in the appellate court's decision which ruled that their 'Buletin Utama' report on Nizar was defamatory.

"TV3 failed to pass the threshold test of real danger of bias," he ruled in the decision which ordered the station to pay RM20,000 in costs to Nizar.

Despite today's decision, TV3's appeal on the overall decision of the case will be heard at another date as there are other issues of law raised. Their appeal could be heard jointly with Utusan Malaysia's appeal over the same matter.

The other judges on today's panel were Federal Court judges Suriyadi Halim Omar, Ramly Ali, Abu Samah Nordin and Aziah Ali.

Nizar was represented by Asmuni Awi and Fitri Asmuni while TV3 was represented by Liew Teck Huat and Lim Qi Si.

TV3 had alleged there was judicial bias as Justice Mohamad Ariff Mohd Yusof who led the Court of Appeal bench was a PAS member as was Nizar.

However, at the Court of Appeal Justice Ariff did not write the judgement as it was written by two other judges - Justice David Wong Dak Wah and Justice Abang Iskandar Abang Hashim.

Justice Wong and Justice Abang Iskandar are still Court of Appeal judges.

TV3's counsel Liew Teck Huat had before this argued before the Federal Court that there was a possibility of bias on grounds that Mohamad Ariff was a PAS member and could have known Nizar, who was Perak menteri besar under PAS in 2008 and early 2009.

Nizar filed suit in 2012

TV3, which is owned and operated by Media Prima Bhd, was granted leave by the Federal Court in January last year to raise that question in its appeal.

Nizar in 2012 filed a RM50 million defamation suit against TV3 following its report on his tweet on the WWW1 car registration licence plate purchased by the Johor sultan.

He claimed the station had said that he (Nizar) had tweeted that the Johor sultan had used public funds in winning the bid for the number.

The former Perak MB initially lost the suit in the High Court in Kuala Lumpur.

However, a three-member bench of the Court of Appeal unanimously allowed Nizar’s appeal and ordered damages to be assessed by the High Court. -Mkini