FGV concede to Wan Azizah and Suara Keadilan appeal

Felda Global Ventures Holdings Sdn Bhd (FGV) is said to have conceded to the appeal by PKR president and Deputy Prime Minister Dr Wan Azizah Wan Ismail and two others for them having to pay RM2 million in damages for defamation.

However, Felda's position as being a co-plaintiff in the suit with FGV remains uncertain although Wan Azizah's lawyer Francis Pereira told Malaysiakini that Felda may also concede.

"If both Felda and FGV concede with our appeal then Wan Azizah and two others need not pay the RM2 million in damages.

"Wan Azizah and then deputy president Syed Husin Ali and Suara Keadilan had already paid the RM70,000 damages which was earlier ordered by the High Court deputy registrar," he said.

Meanwhile, Felda and FGV lawyer Mohd Hafarizam Harun also confirmed that FGV haD conceded and that Felda may likely concede the same.

"Our instructions ARE not to oppose Wan Azizah's and two others' appeal and maintain the earlier decision of having to pay RM70,000 damages," he told Malaysiakini.

It was reported last Dec 5 that High Court judge Justice Su Geok Yiam agreed that the RM70,000 amount fixed by the deputy registrar was "excessively low" and ordered Wan Azizah, Syed Husin and then Suara Keadilan reporter Rusnizam Mahat to pay RM2 million in damages.

This is over the publication over two Suara Keadilan articles in 2010 entitled "Felda bankrap" (Felda Bankrupt) and "Bina bangunan RM662 juta hanya libatkan tiga individu" which were deemed defamatory.

Felda and FGV filed an RM200 million suit in August 2010 against the defendants claiming that the articles affected their image and contended that the defendants had intentionally published the articles to destroy the trust and confidence of the Felda settlers. They won the suit.

The decision was upheld by the Court of Appeal and the Federal Court and then remitted to the High Court for the assessment of damages which were assessed at RM70,000 before being increased to RM2 million.

Su said considering the gravity of the publication of the libellous article in calling Felda bankrupt the amount fixed at RM2 million for aggravated and exemplary damages was sufficient.

"Setting a lower amount would send a wrong message in regards to the defamation,” the judge said, adding it would trivialise the damages awarded to a statutory body.

The RM2 million payout is said to be one of the highest for defamation in the country besides the case of tycoon Vincent Tan and journalist MGG Pillai in 2007.

Wan Azizah and two others had filed their appeal at the Court of Appeal last December.

Pereira said a case management has been fixed for July 23.

The court will then decide whether to hear the conceding of the appeals before a full panel or otherwise. - Mkini