Richard Malanjum J

This is a claim by the plaintiff against the defendants for damages, as well as for injunction and costs for libel contained in an article ('Ex PIA') appearing under the heading of 'Why stoop so low to scoop so little' published in the 22 June 1986 Ed of the 'People's Mirror', a local daily newspaper (hereinafter referred to as 'the People's Mirror').

The plaintiff is the former Tuan Yang Terutama Yang Di-Pertua Negeri of Sarawak, from 1981 to 1 April 1985. And from 7 July 1970 to March 1981, he was the Chief Minister of Sarawak. Prior to attaining those positions, the plaintiff held various jobs and positions, ranging from being a magistrate and a deputy public prosecutor to Federal Education Minister of Malaysia.

In his testimony, the plaintiff stated that he was also a member of the Supreme Council of the World Muslim League and a member of the Central Executive Committee of the World Muslim Congress. In recognition for his services, the plaintiff has been bestowed with several awards in Malaysia and has also been awarded with several foreign decorations. He is also a member of the Lincoln's Inn, London where he read law.

At the material time, the first defendant was the publisher of the People's Mirror, while the second defendant and the third defendants were the printer and the editor respectively of the said newspaper.

For convenience, it is reproduced hereto the said article ('Ex PIA') which the plaintiff claims to be libellous of him. I have numbered the paragraphs to facilitate reference later on.

Why stoop so low to scoop so little

Dear Editor,

(1) The nomination day for Oya, N32 on 17 June was a very colourful and memorable one.

(2) I was there and it was indeed a rich experience.

(3) I have never seen commitment to the Barisan Nasional by the people of Batang Oya as open as it was demonstrated on 17 June 1986.

(4) It was indeed a sad day for Tun Rahman to be openly seen supporting and leading a group which is bent on trying to destroy the unity of the people of Batang Oya.

(5) The people have rightly given him an appropriate reception by totally ignoring his presence there.

(6) This must have been a big blow to his ego and indeed a great humiliation to the man who was once held in high respect when he was the Chief Minister and the head of state.

(7) How could he stoop so low?

(8) What is the basis for accusing the Barisan Nasional and Datuk Patinggi Taib of splitting the people and creating hatred and bitterness between the Melanaus of Batang Oya?

(9) Doesn't he realize that it was Datuk Hj Salleh and his cronies supported by Tun himself, who started the circus which later turned into a serious political confrontation?

(10) Today, this very group of people is turning the people of Batang Oya into political tools for the sole purpose of gaining power.

(11) Their sole and ultimate purpose is to gain power because only through the exercise of power one can control the riches and resources of Sarawak.

(12) As a voter in Oya N32, I publicly declare that I will vote for the Barisan Nasional because it would be totally useless to vote for the independent candidate who has no means to deliver the goods.

(13) I hope and urge other voters in the Oya constituency to reject Datuk Hj Salleh so that the issue will be settled once and for all.

A Voter of Oya N32

The full text of the said article ('Ex PIA') as reproduced hereinabove shall, for convenience, hereinafter be referred to as either 'the words complained of' or 'Ex PIA' as and where appropriate.

At this juncture, I will deal first with the events leading to the publication of Ex PIA.

17 June 1986 was the nomination day for the by-election in the Oya constituency following the resignation of its then assemblyman, Datuk Salleh Jaffaruddin. Two candidates stood for the by-election, namely, Wan Madzihi Wan Mahdzar for the Barisan Nasional and Datuk Salleh Jaffaruddin as an independent. It was not in dispute that, on the eve of the nomination day,