Zulkefli Makinudin JCA:

Introduction

[1] The plaintiff sued the defendant for defamation. The Court gave judgment for the plaintiff against the defendant. The learned trial judge found the caption and words complained of and comprised in the article published by the defendant in a magazine known as "Mingguan Wanita" had libeled the plaintiff and awarded the plaintiff general damages in the sum of RM100,000, aggravated damages in the sum of RM100,000, interests and costs.

[2] The defendant now appeals against the finding of the learned trial judge that the defendant had defamed the plaintiff. Alternatively the defendant appeals against the award of aggravated damages. The plaintiff has cross appealed against what she considered as inadequacy of the damages awarded.

[3] In this judgment a reference to the record of appeal would refer to the record of appeal (vol. 1) filed by the defendant for its appeal in Civil Appeal No. W-02-386-1999.

Facts Of The Case

[4] The relevant facts of the case are as follows:

The defendant is the publisher of a magazine known as "Mingguan Wanita". The defendant had caused to be published four issues of Mingguan Wanita, more particularly issues