Lip Eng striking out MCA suit hinges on Guan Eng appeal

The issue of whether political parties sue an individual for defamation may eventually hinge on the application of the Derbyshire principle in Malaysian law.

Kepong MP Lim Lip Eng's lawyer, Guok Ngek Seong told the Court of Appeal today an extension of the Derbyshire principle should be applied in his client's appeal against political parties not being allowed to sue for defamation.

Guok said that in order to argue the issue further, they would have to wait for the outcome of (Finance Minister) Lim Guan Eng's appeal involving his suit against Perkasa, Utusan Malaysia and the New Straits Times Press (M) Bhd.

He said he is uncertain when the apex court is scheduled to hear Guan Eng's appeal.

"Hence, we apply for a postponement of this appeal as the judgment for our failure to strike out the suit filed by Ong Ka Chuan is not ready and hence the memorandum of appeal cannot be done," he told the three-member bench.

Justice Vernon Ong who led the three-member bench comprising Justice Kamardin Hashim and Justice Yew Jen Kee noted that there was a Federal Court decision that ruled the government can sue for defamation and that the Derbyshire principal did not apply as there were other laws applicable.

He allowed the postponement and instructed the court to write to the High Court to provide the grounds and also indicated they would await the outcome of Guan Eng's case.

Ong Ka Chuan is represented by CH Ng. It was reported on Feb 27 last year that High Court judge Ahmad Zaidi Ibrahim had dismissed Lip Eng's application to strike out the MCA suit.

MCA, through Ong who is party secretary-general, filed the RM100 million suit in July 2017 against the federal lawmaker for making statements at the Parliament lobby in March 2017.

The MCA AGM held last year

It claimed the statements implied that the party had used the government funds allocated for the schools and suggested that it was involved in corruption.

The party further claimed this had tarnished its reputation as the statements were widely reported in the media.

Previously enforced

The party is seeking RM100 million in general and exemplary damages as well as an injunction to restrain the defendant from publishing, issuing and printing the allegedly defamatory words.

In Guan Eng's case, the appellate court ruled that a public official (as he was then the Penang chief minister) cannot sue for defamation applying the Derbyshire principle.

The common law Derbyshire principle comes from the Derbyshire County Council vs Times Newspaper Ltd precedent which forbids public authorities from bringing an action for defamation.

It had previously been enforced twice by the Court of Appeal when striking out suits by former Pahang menteri besar Adnan Yaakob and Guan Eng against the media and individuals. - Mkini