The Court of Appeal in Putrajaya today upheld a High Court decision which had ordered Padang Lalang assemblyperson Chong Eng to pay RM200,000 in damages to British music conductor Mark Ignatius Uttley @ Mark Ostyn over defamatory words she allegedly uttered about him to journalists in 1998.

A three-member panel led by Justice Mohd Hishamudin Mohd Yunus unanimously dismissed Chong Eng’s appeal and also ordered her to pay RM10,000 in legal costs to Uttley.

“We find no merits in the appeal,” said Justice Hishamudin, who presided on the panel with Justices Aziah Ali and Hamid Sultan Abu Backer.

On May 16, 2011, High Court judge Mohd Zaki Md Yasin found Chong Eng liable of directly defaming Uttley through the published news reports.

The High Court had also ordered Chong Eng to pay interest at four percent per annum from the date of issuance of the writ of summons in 1999.

Uttley, formerly the resident conductor with the Penang State Symphony Orchestra and Chorus, sued Chong Eng over defamatory words about his academic qualification which she allegedly uttered to journalists when she was Batu Lanchang assemblyperson.

Her remarks resulted in several newspapers publishing the defamatory words on June 10, 17 and 23 in 1998.

Chong Eng and Uttley were represented by counsel Karpal Singh and V Sithambaram, respectively.

- Bernama