KOTA KINABALU: One of the presiding judges at the Court of Appeal here yesterday recused himself from hearing an appeal by politician Dr Chong Eng Leong against the lower court’s decision in awarding former Chief Minister Tan Sri Harris Salleh RM150,000 in damages and costs following a defamation suit filed against Chong.
Justice Datuk Abdul Rahman Sebli, who sat together with Justices Dato’ Umi Kalthum Abdul Majid and Harmindar Singh Dhaliwal, recused himself after Chong, through his counsel Marina Tiu, applied by letter asking for Abdul Rahman to be recused from hearing the appeal.
Tiu said they wanted to recuse Abdul Rahman from hearing the appeal as the judge had previously ruled on a similar case related to Harris.
The court then fixed July 28 to hear the appeal.
In his suit, Harris had sought not less than RM50 million in damages against Chong for allegedly defaming him through a local newspaper article on July 17, 2012.
In the statement of claim, Harris said Chong had uttered defamatory words in the article under the heading ‘Harris should clear his name’.
In the article, it was alleged that Harris was involved in the issuance of blue identification cards (MyKads) to foreigners, and this was also implicated in a book by MD Mutalib entitled ‘IC Project – Agenda Tersembunyi Mahathir?’.
Harris reportedly claimed that the article had used Chong as a source and was quoted on his remarks which were defamatory towards Harris.
Further in the Harris’ statement of claim, it was said that in their natural and ordinary meaning, the words complained of meant and were understood to mean the following: (I) That Harris has committed a very serious crime of treason punishable by death. (ii) That Harris is involved in fraudulent acts. (iii) That Harris is involved in the issuance of illegal identity cards to foreigners in Sabah. (iv) That Harris is a traitor to the country. (v) That Harris is a disloyal citizen of Malaysia.
(vi) That Harris is a criminal. (vii) That Harris is a dishonest politician. (viii) That Harris wants Sabah to be controlled by foreigners. (ix) That Harris committed cheating. (x) That Harris is responsible for the population boom and the presence of illegal foreigners in Sabah Harris averred that Chong had maliciously published and/or caused the said statements to be printed and/or published.
As a result, he said his reputation had been seriously damaged and he suffered considerable hurt, distress and embarrassment.
The statement of claim further said: “Notwithstanding the fact that Harris has made it clear that the article is false, Chong has not offered Harris any apology or retraction.” On July 15, 2014, the High Court here awarded Harris RM150,000 in damages and costs following a defamation suit filed against Chong.
Harris was represented by counsels Sunny Durai and Chin Yuen Fong.