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Rafizi wins appeal in NFC defamation case

PUTRAJAYA (Bernama): PKR vice-president Mohd Rafizi Ramli (pic) has won his appeal to set aside a High Court order

that he pay RM200,000 in damages to National Feedlot Corporation Sdn Bhd (NFCorp) executive chairman Datuk Seri Dr

Mohamad Salleh Ismail and his company for defamation.The Court of Appeal three-member bench comprising Datuk

Hamid Sultan Abu Backer, Datuk Hanipah Farikullah and Datuk Wira Kamaludin Md Said, allowed Rafizi’s appeal.“We are

unanimous that the appeal has merits. The appeal is allowed with costs,” said Justice Hamid Sultan.He ordered Mohamad

Salleh to refund a total sum of RM300,000 which included the RM200,000 in damages and RM100,000 costs which was

paid by Rafizi.Justice Hamid Sultan instructed Mohamad Salleh to refund the RM300,000 within 30 days, failing which a

5% per annum interest would be imposed until the payment is settled.Justice Hamid Sultan also ordered Mohamad Salleh to

pay RM10,000 costs for the Court of Appeal proceedings and RM100,000 in costs for proceedings in the High Court.The

judge (Justice Hamid Sultan) also dismissed a cross-appeal brought by Mohamad Salleh on the quantum of

damages.Mohamad Salleh's lawyer Sarah Abishegam requested for a stay of the decision but Justice Hamid Sultan told her

to make a formal application.In 2013, Mohamad Salleh and NFCorp sued Rafizi claiming that he had made a defamatory

statement on March 7, 2012 at a media conference at the PKR office on the purchase of KL Eco City properties that was

published by Malaysiakini on the same day.On Oct 31, 2016, the High Court in Kuala Lumpur ordered Rafizi to pay

RM150,000 in damages to Mohamad Salleh and RM50,000 in damages to NFCorp after allowing their suit against

him.Rafizi was also ordered by the High Court to pay RM100,000 costs to Mohamad Salleh.The High Court, however,

dismissed Mohamad Salleh's suit against Malaysiakini.Earlier, the court rejected Abishegam’s application to postpone the

appeal as well as her bid for the matter to be stood down until lawyer Tan Sri Muhammad Shafee Abdullah was present in

the court.“This matter has been adjourned at least five times, and damages to the first respondent (Mohamad Salleh) are only

RM150,000,” said Hamid Sultan.Neither Rafizi nor Mohamad Salleh were present in court on Monday (May 13).Lawyer

Ranjit Singh representing Mohd Rafizi said his client was only relying on the defence of fair comment. – Bernama

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