JUDGMENT

Abdul Malek Ahmad FCJ:

On 27 November 2001, this court (Steve Shim Lip Kiong, CJ Sabah and Sarawak, Abdul Malek Ahmad and Mohtar Abdullah, FCJJ) heard the motions for leave to appeal for this case and another related matter namely Federal Court Civil Appeal 02-21-2001(W). Leave to appeal had been granted in both cases and the other appeal had actually been heard by the same panel as the leave panel on 24 July 2002. Judgment had been reserved to a date to be fixed. Due to time constraints, this appeal was adjourned. On 5 August 2002, our learned brother Mohtar Abdullah FCJ was hospitalised and so, when we heard this appeal on 24 and 26 March 2003, his place has been taken by Mokhtar Sidin JCA.

Leave had been granted by this court in this case on the following questions:

(1) whether a statement made by one counsel to the opposing counsel in Court premises when the Court is not in session:

(a) in respect and related to matters concerning the Court proceedings; and

(b) which statement is based on information given to the counsel by a witness to the said Court proceedings;

is covered by absolute or qualified privilege.

(2) whether defamatory words written by a party on the ackn