JUDGMENT

Hashim Yusoff JCA:

This is an appeal against the decision of the learned High Court Judge in Kuching given on 28 February 1995. We heard this appeal and reserved our judgment to be given at a later date. We now give our judgment.

Facts Of The Case

The respondent (the plaintiff in the court below) filed a claim against the appellants (the defendants in the court below) for damages as well as for an injunction and costs for libel contained in an article (exh. P1 A) appearing in a daily newspaper in Sarawak called & The People's Mirror & published on 22 June 1986 (hereinafter referred to as & the said article & ). The said article was featured as follows:

Why stoop so low to scoop so little.

Dear Editor,

The Nomination Day for the Oya, N.32 on 17th June was a very colourful and memorable one.

I was there and it was indeed a rich experience.

I have never seen the commitment to the Barisan Nasional by the people of Batang Oya as open as it was demonstrated on 17th June, 1986.

It was indeed a sad day for Tun Rahman to be openly seen supporting and leading a group which is bent on trying to destroy the unity of the people of Batang Oya.

The people have rightly given him an appropriate reception by totally ignoring his presence there.

This must have been a big blow to his ego and indeed a great humiliation to the man who was once held in high respect when he was the Chief Minister and the Head of State.

How could he stoop so low?

What is the basis for accusing the Barisan Nasional and Datuk Patinggi Taib of splitting the people and creating hatred and bitterness between the Melanaus of Batang Oya.

Doesn't he realise that it was Datuk Haji Salleh and his cronies supported by Tun himself, who started the circus which later turned into a serious political confrontation.

To-day, this very group of people are turning the people of Batang Oya into political tools for the sole purpose of gaining power.

Their sole and ultimate purpose is to gain power because only through the exercise of power one can control the riches and resources of Sarawak.

As a voter in Oya, N.32, I publicly declare that I will vote for the Barisan Nasional because it would be totally useless to vote for the independent candidate who has no means to deliver the goods.

I hope and urged other voters in the Oya Constituency to reject Datuk Haji Salleh so that the issue will be settled once and for all.

A Voter of Oya N.32

After a full trial, the learned judge found in favour of the respondent and awarded the sum of RM100,000 against the appellants as compensatory damages together with interest at 8% per annum from date of judgment until full payment as well as an order for injunction and costs. Hence, this appeal by the appellants.

Learned counsel for the appellants, in his submission raised several issues which can be summarized as follows:

(i) that the words complained of do not bear the pleaded meaning(s) ie, not defamatory;

(ii) that if the words complained of are defamatory, the occasion on which the same were published without malice was of qualified privilege;

(iii) justification;

(iv) fair comment.

Before going into the meanings of the words complained of, it is pertinent to know the background of the parties referred to therein. The respondent was the Chief Minister of Sarawak from 1970 until his resignation in 1981. Thereafter he became the Head of State for Sarawak from 1981 until 1985.

There was a by-election for the State constituency of Oya after Datuk Hj. Salleh Jaffaruddin ( & Datuk Salleh & ) resigned as Assemblyman for Oya. Datuk Salleh re-contested in the by-election as an independent candidate against the Barisan Nasional candidate Wan Madzihi Mahdzar ( & Wan Madzihi & ). Both candidates are the relatives of the respondent. The Chief Minister of Sarawak, Datuk Patinggi Haji Abdul Taib bin Mahmud is a nephew of the respondent. The respondent supported Datuk Salleh, while the Chief Minister supported Wan Madzihi in the said by-election.

On nomin