Azahar Mohamed CJM:

Introduction

[1] The 1st appellant, Datuk Seri Dr Mohamad Salleh bin Ismail was the Chairman And Director of the 2nd appellant, National Feedlot Corporation Sdn Bhd. Both the appellants sued the respondent, Mohd Rafizi Ramli for damages for defamation. The respondent at all material times was the Director of Strategy of a political party. The appellants claimed that the respondent had defamed them at a press conference. The sting, as contended by the appellants, was the allegation by the respondent that public funds were used to purchase properties for the 1st appellant's own personal and family gain contrary to public interest.

[2] The High Court decided in favour of the appellants. The 1st appellant was awarded with the sum of RM150,000 as damages whereas a sum of RM50,000 was awarded to the 2nd appellant, as well as RM100,000 being the costs to be paid to the appellants.

[3] The respondent's appeal to the Court of Appeal was allowed and the High Court's decision was reversed. Hence, in the instant appeal, the main focus is on the defence of fair comment as raised by the respondent.

Background Facts

[4] Beginning from November 2007, the 2nd appellant entered