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2018 MarsdenLR 3328

COURT OF APPEAL PUTRAJAYA
MUKHRIZ MAHATHIR – Appellant
Versus
DATUK SERI MOHD NAJIB TUN HAJI ABDUL RAZAK & ANOR – Respondent
[Civil Appeal No: W-02(IM)(NCVC)-1728-08-2017]

Petitioner Advocates:Mohamed Haniff Khatri Abdulla,Mohd Irzan Iswatt Mohd Noor,Munahyza Mustafa ,Respondent Advocate: Mohd Hafarizam Harun,Yazid Mustaqim Roslan,JR Teh

The principle of freedom of speech prevails over contempt in this defamation case; no prima facie contempt was established.

Headnote:The appeal concerns a defamation suit where the appellant claims statements made by the respondents caused reputational damage. The High Court dismissed the application for contempt, ruling that the remarks in question did not pertain to the ongoing case, affirming the need for freedom of speech over contempt claims. The court concluded no error occurred in the lower court's discretion and rejected the appeal with costs.

Table of Content
1. background of defamation suit against statements made. (Para 1)

[1] This appeal arose from the decision of the High Court Kuala Lumpur made on 27 July 2017 dismissing the appellant's application to commit the 1st respondent. We had, after perusing the Records of Appeal and considering the written and oral submissions of learned counsel for the appellant and the respondent, unanimously dismissed the appeal with costs. Our reasons appear below.

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2018 MarsdenLR 3328

COURT OF APPEAL PUTRAJAYAMUKHRIZ MAHATHIR – AppellantVersusDATUK SERI MOHD NAJIB TUN HAJI ABDUL RAZAK & ANOR – Respondent[Civil Appeal No: W-02(IM)(NCVC)-1728-08-2017]

The principle of freedom of speech prevails over contempt in this defamation case; no prima facie contempt was established.

COURT OF APPEAL PUTRAJAYA
MUKHRIZ MAHATHIR – Appellant
Versus
DATUK SERI MOHD NAJIB TUN HAJI ABDUL RAZAK & ANOR – Respondent
[Civil Appeal No: W-02(IM)(NCVC)-1728-08-2017]