JUDGMENT OF GOPAL SRI RAM, JCA

1. There are two appeals before us. They are by the defendants in the court below. The defendants are husband and wife. They were sued by the plaintiff (respondent before us) in the tort of defamation. In respect of the husband, the precise charge is that on 5 January 1998 he told PW2 (the school senior assistant) that someone is attempting to kidnap his (the husband's) son. In respect of the wife, the substance of the case is that she told PW3 (a policeman) that the plaintiff is the elder brother of one of four men who attempted to kidnap her son. At the close of the plaintiff's case the defendants elected not to call evidence and to rest on their submissions. The learned judge found for the plaintiff against both defendants not only in the tort of defamation but in the tort of conspiracy as well. Damages in the sum of RM800,000 were awarded as against the husband. These were made up of RM300,000 as general damages, RM300,000 as aggravated damages and RM200,000 as exemplary damages. A further RM1 million was awarded as against the wife, made up of RM300,000 as general damages, RM300,000 as aggravated damages and RM400,000 as exemplary damages.

2. Bef

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