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2012 MarsdenLR 1273

HIGH COURT SABAH & SARAWAK KOTA KINABALU
DATUK HARRIS MOHD SALLEH – Appellant
Versus
DATUK YONG TECK LEE & ANOR – Respondent


Petitioner Advocates:Yunof Maringking,Trevor Maringking ,Respondent Advocate: Simon K Y Shim,Fauna Dius

Table of Content
1. defamation context regarding political statements. (Para 1 , 2 , 4)
2. defendants' and plaintiff's responses to statements. (Para 5 , 6)
3. plaintiff's emotional distress claims. (Para 7 , 8)
4. defendants' financial responsibility in defamation. (Para 9 , 10)
5. preliminary observations on case dismissal. (Para 11 , 12)
6. nature of defamation and its implications. (Para 21 , 22 , 30)
7. malice in defendants' statements. (Para 36 , 39)
8. impact of defendant's motive on plaintiff's reputation. (Para 60 , 79)
9. assessment of damages in defamation case. (Para 85)
The Facts

[1] This is a clash between two ex-Chief Ministers of Sabah over two articles published in the Daily Express on 5 April 2010 and 9 April 2010 respectively which the plaintiff claims to be defamatory of him. The second defendant is a political party headed by the 1st defendant. The controversy was triggered by a speech delivered by Tengku Razaleigh Hamzah ("Tengku Razaleigh") at the Hongkod Koisan KDCA Penampang, Sabah on 2 April 2010 and which was published in the Daily Express on 4 April 2010 with the caption "Invite saved my life: Razaleigh". The topic of the speech was "Minyak Sabah Untuk Siapa?" the

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