The Court of Appeal today unanimously struck out Sistem Televisyen (M) Bhd’s (TV3) application for a review of its decision that TV3 pays damages to former Perak menteri besar Mohd Nizar Jamaluddin.

Court of Appeal President Md Raus Sharif ( right ) asked TV3's lawyer TH Liew to pursue the matter in the Federal Court and not before the Court of Appeal.

"You cannot launch a two-pronged attack, where you also launched a separate application at the apex court. I thought this case originates from the sessions court," Justice Md Raus said in striking out the review application.

Justice Md Raus also ordered TV3, which is owned by Media Prima Bhd, to pay RM5,000 as costs to Nizar's lawyers.

The other two judges who sat with Md Raus were Justice Linton Albert and Justice Mohtaruddin Baki.

‘Malice on the part of TV3 in its report’

Liew wanted a review of the appellate court decision on grounds that the judge presiding in the panel then, Justice Mohd Ariff Mohd Yusof, was a former PAS member and had contested in the 2004 general election.

He said TV3 only discovered this after the decision delivered by the three-member bench.

“Justice Ariff was a PAS member up to 2008 and ascended to judicial commissioner in 2009. He was an active PAS member and was also a Selangor PAS liaison committee member.

 

Liew said Justice Ariff had recused himself from hearing Nizar's judicial review application during the Perak constitutional crisis over a declaration of who was the rightful menteri besar, and should have done so in the hearing of this appeal.

 

This led to Justice Md Raus to ask why didn't TV3 apply to recuse Justice Ariff before the appeal was heard, to which Liew replied at that time, the television station did not know who were the panel members, or Justice Ariff's background.

 

Justice Md Raus further said the panel did not deliver the judgment there and then. It took three months after that to deliver the decision.

 

Nizar's lawyer Fitri Asmuni told the court that this review was not the end of the matter as TV3 had filed an appeal and also an application for leave to appeal at the Federal Court, and the matter should be heard there.

Justice Ariff did not write the judgment but his panel members Justice Abang Iskandar Abang Hashim and Justice Wong Dak Wah ruled there was malice on the part of TV3 in its report, and it failed to prove justification in playing up Nizar's tweet on the WWW 1 licence plate issue.

The Court of Appeal on Feb 25 this year overturned the decision of the High Court in Kuala Lumpur and ordered TV3 to pay damages that are to be assessed by the High Court.