Abdul Hamid Mohamad JCA:

The Appeal

[1] In the High Court the respondent had sued the appellant and two others for defamation. The Court gave judgment for the respondent against the appellant and the other two defendants who did not appeal to this Court. This judgment is in respect of the appeal by the appellant only.

The Cross-Appeal

[2] The respondent had also filed a notice of cross appeal against what he considered as inadequacy of the damages awarded. Both the appeal and the cross-appeal were scheduled to be heard together The appellant who appeared in person (so was the respondent) raised a preliminary objection to the respondent's cross-appeal. We heard their respective arguments, upheld the preliminary objection and struck out the respondent's cross-appeal with costs. We then proceeded to hear the appellant's appeal. This judgment is only in respect of the appeal proper.

The Facts

[3] Both the appellant and the respondent are advocates and solicitors. They are also politicians belonging to two opposing parties: the appellant belonging to opposition DAP and the respondent belonging to the MIC, a component of the ruling Barisan National. The appellant was at the material ti