Port Klang Authority (PKA) chief Lee Hwa Beng will have to wait until Feb 17 in his bid to strike out the suit by former chief executive officer of Kuala Dimensi Sdn Bhd (KDSB) Tiong King Sing against him over articles published in newspapers relating to the Port Klang Free Zone (PKFZ) scandal.

High Court judge John Louis O'hara set the date for a decision after hearing submissions from Lee's counsel Leong Wai Hong and Prem Ramachandran for Tiong.

NONE In the strike-out application, Leong submitted that the word "malice" had not appeared anywhere in Tiong's statement of claim.

He also said that there were no allegations that the act of the defendant (Lee) was actuated by malice.

Prem submitted that the serious allegations were made and had tarnished Tiong's reputation, and that the fact that the words uttered was supported by the publication was not disputed.

On Sept 17, 2009, Tiong filed the defamation suit claiming that Lee, on Aug 26, 2009, had uttered words defamatory of him to several reporters, including from the Star and the New Straits Times.       

He said the words, in their natural and ordinary meaning, meant that he was a party to a criminal conspiracy with several others and he was guilty of fraud.

Lee: It’s fair comment

Tiong contended that the words were calculated to disparage him in his office, profession, trade and business.       

He also said that his solicitor had issued a letter of demand to Lee demanding that Lee, among others, publish an apology and undertaking not to repeat the allegations, but that so far Lee had yet to comply with the demand.  

 

tiong king sing 061009 Tiong ( right ) is seeking general and exemplary damages, costs and other reliefs deemed fit by the court.

    

Lee, in his statement of defence filed on Nov 9, 2009, said the defendant published the words complained of as directed by his employer, PKA, and thus Tiong had no cause of action against him.

He also stated that each of the alleged occasions of publication was an occasion of qualified privilege and the words were fair comment made upon matters of public interest.  

- Bernama