Hashim Yusoff JCA:

[1] This is an appeal against the decision of the learned High Court Judge in Kuching given on 28 February 1995. We heard this appeal and reserved our judgment to be given at a later date. We now give our judgment.

Facts Of The Case

[2] The respondent (the plaintiff in the Court below) filed a claim against the appellants (the defendants in the Court below) for damages as well as for an injunction and costs for libel contained in an article (exh P1 A) appearing in a daily newspaper in Sarawak called "The People's Mirror" published on 22 June 1986 (hereinafter referred to as "the said article"). The said article was featured as follows:

Why stoop so low to scoop so little.

Dear Editor,

The Nomination Day for the Oya, N32 on 17th June was a very colourful and memorable one.

I was there and it was indeed a rich experience.

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

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.

The people have rightly given him an appropriate recepti