PUTRAJAYA: The Court of Appeal has fixed Sept 14 for case management in the appeal by Deputy Prime Minister Datuk Seri Dr Wan Azizah Wan Ismail and two others relating to a High Court order that they pay RM2 million in damages to Federal Land Development Authority (Felda) and its subsidiary for defamation.
Deputy registrar Aina Azahra Arifin set the date for Felda to inform its stand on whether it would concede or challenge the appeal.
Lawyer Nor Emelia Mohd Iszeham representing Felda and its subsidiary Felda Global Ventures Holdings Bhd (FGV) told reporters that she had also reiterated to the deputy registrar that FGV has conceded to the appeal.
She told reporters the deputy registrar was informed of FGV’s stand to concede to the appeal during the previous case management on July 2, this year.
Meanwhile, lawyer Francis Pereira representing Dr Wan Azizah, former PKR vice-president Dr Syed Husin Ali and the writer of the articles, Rusnizam Mahat told reporters that Felda did not have any indication as yet on whether they want to proceed or not with the appeal.
He said his clients were appealing against the quantum of RM2 million and wanted the court to restore RM70,000 in damages imposed by the deputy registrar. He said his clients had paid the RM70,000.
On Dec 5 last year, the High Court increased the amount of damages from RM70,000 to RM2 million after allowing the appeal brought by Felda and FGV.
On Feb 13 last year, High Court deputy registrar Norfauzani Mohd Nordin, in assessing damages, had ordered Dr Wan Azizah, Syed Husin and Rusnizam to pay RM70,000 in damages to Felda and FGV.
Felda and FGV filed the defamation lawsuit on Aug 16, 2010 over two news reports published by Suara Keadilan on June 22 and June 29.
On Sept 30, 2014, Suara Keadilan’s former editor Dzulkarnain Taib, who was initially named as one of the defendants, tendered an apology to Felda and FGV.
On Oct 17, 2014, the High Court awarded judgment in favour of Felda and FGV after ruling that Felda, as a statutory body, did have the right to institute legal suit under section 15 (1) of the Land Development Act 1956 and also ordered damages to be assessed.
Dr Wan Azizah, Syed Husin and Rusnizam had raised a preliminary issue of whether Felda has the right to initiate legal action and agreed to be held liable in the suit if the court decided that Felda has such a right. — Bernama