COURT OF APPEAL PUTRAJAYA
DATO SUKRI HAJI MOHAMED – Appellant
Versus
WAN MUHAMMAD AZRI WAN DERIS – Respondent
| Table of Content |
|---|
| 1. nature of the defamation claim. (Para 1 , 4 , 5) |
| 2. ownership of the blog and identity confirmation. (Para 6 , 16) |
| 3. court's misjudgment on evidence evaluation. (Para 14 , 19) |
| 4. burden of proof in defamation cases. (Para 20 , 22) |
[1] The appellant (plaintiff in the High Court) had commenced an action in libel against the respondent (defendant in the High Court) at the High Court at Kota Bharu, Kelantan based on three articles purportedly published by the respondent on his website/blog known as "www.papagomo.blogspot.com". After a full trial, the learned judge dismissed the appellant's action principally on the ground that the appellant has failed to prove the identity of the blogger "papagomo". The learned High Court Judge also held that the appellant has failed to prove that the impugned articles were defamatory of him and that the defendant has succeeded in his defences.
[2] The appellant now appeals to us against that dismissal of his action with costs of RM10,000.00 to the respondent.
[3] We heard the appeal on 15 January 2015. Having heard the counsel for the appellant and the respondent in person, we unanimously allowed the appeal wit
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