Lim Beng Choon J:

[1] In this action the three defendants were sued by the plaintiff for libel. The plaintiff claimed that the libel consisted of the words used in certain paragraphs of the book entitled "'The Challenger' Siapa Lawan Siapa" (hereinafter referred to as 'the book'). The plaintiff filed his writ accompanied by a statement of claim on 16 April 1987 and on the same day he also applied by way of summons-in-chamber for an interim injunction restraining the defendants either by themselves and/or each of them, their servants and agents from printing, circulating, exhibiting, disseminating and publishing by sale or otherwise in any form whatsoever the book or any matter related to or otherwise connected with the book and all or any of the paragraphs in the book. The Court allowed his application and the interim injunction sought by him was granted also on the same day.

[2] The 1st defendant was sued in his capacity as the author, the 2nd defendant as the publisher and distributor and the 3rd defendant as the printer of the book. The capacity of the three defendants in which they were sued is not denied. The following facts are likewise not disputed. The book was published on or about 19 March 1987 (see Exhibit D8A). In the first print 10,000 copies of the book were printed. Apparently all the 10,000 copies were almost sold out as a result of which a second print of another 10,000 copies were made on or about 13 April 1987 (see Exhibit D8B). Out of the second print of the 10,000 copies, 8,000 copies were sold out before the plaintiff could obtain the interim injunction from the Court to restrain inter alia the defendants from carrying out a further sale of the book. At the time of the publication of the book the plaintiff was the incumbent Deputy President of UMNO and he was going to defend his position at the coming UMNO General Assembly general election to be held on 27 April 1987.

[3] It is also appropriate to state at the outset that in his evidence (which had not been seriously challenged), the plaintiff had stated that prior to his resignation as Deputy Prime Minister he had held a number of ministerial posts. In holding these posts he had rendered services which were beneficial to the country and the rakyat. In addition he had led a number of delegations to foreign countries to negotiate matters for the benefit of the country. He also said that he was well respected by leaders of foreign countries. He denied that he was dismissed as Assistant Minister on 28 July 1969, but he chose voluntarily to resign. Likewise on 27 February 1986 he voluntarily resigned from the post of Deputy Prime Minister as he could not agree with the Prime Minister on government policies as advocated by the Prime Minister. In making these assertions in his evidence there is no doubt that the plaintiff were trying to establish that he had an untainted reputation prior to and at the time of the publication of the book.

[4] In para 3 of his statement of claim the plaintiff reproduced the words used in the several paragraphs of the book by which he contended that the defendants falsely and maliciously printed and published the words concerning him. He also alleged in para 4 thereof that the words used in the said paragraphs in their natural and ordinary meaning meant and was understood to mean that:

(1) The plaintiff is a cheat, liar, crook, swindler, corrupt, irresponsible and insincere person.

(2) The plaintiff is a murderer and/or person with murderous tendencies who is prepared to commit murder to achieve his ambitions.

(3) The plaintiff is a murderer of men, women and young children.

(4) The plaintiff is a traitor and/or treacherous person to the Malay race and nation.

(5) The plaintiff is a person who works for and who owes allegiance to foreign intelligence bodies and/or nations and is prepared to sacrifice the nation's sovereignty and interests to foreign powers and/or nations.

(6) The plaintiff is a communist and an irreligious person hi