Apandi files leave to appeal dismissal of RM10m suit against Kit Siang

 

Former attorney-general Mohamed Apandi Ali has filed an application to obtain leave to pursue his appeal in the Federal Court against the Court of Appeal’s decision to dismiss his RM10 million defamation lawsuit against DAP veteran Lim Kit Siang.

Apandi’s lawyer Rueben Mathiavaranam, when contacted, confirmed the leave to appeal application was filed on Dec 1.

Rueben said five legal questions were proposed in the application including a question on whether Apandi’s actions or inactions in his role and office as the attorney-general, including the exercise of prosecutorial discretion under Article 145(3) of the Federal Constitution, are justiciable or not.

On Nov 2, the Court of Appeal dismissed Apandi’s appeal to set aside the decision of a High Court which dismissed his suit and ordered him to pay RM100,000 in costs.

The three-member bench comprising Court of Appeal judges Hadhariah Syed Ismail, M Gunalan and Azmi Ariffin, unanimously held that Apandi’s appeal did not have merit.

Hadhariah, who read out the court’s decision, held that Lim had successfully raised the defence of justification and fair comment to ward off the suit.

On May 23 last year, the High Court in Kuala Lumpur dismissed Apandi's suit against the DAP veteran and the former AG subsequently filed the appeal to the Court of Appeal on May 24 last year.

Apandi (above) sued Lim for allegedly defaming him in an article on the 1MDB scandal.

- Bernama