The Kemaman Municipal Council (MPK) today failed in its appeal to overturn a High Court decision  which had rejected its RM5 million defamation suit against Parti Islam Se-Malaysia (PAS) over the Bukit Takal Zoo issue in Terengganu.

A three-member panel chaired by Court of Appeal judge Zaharah Ibrahim unanimously dismissed MPK’s appeal and ordered the council to pay RM10,000 in legal costs to PAS.

In her decision, she said the High Court had made a correct decision in dismissing MPK’s civil claim.

Justice Zaharah, who presided on the panel with Justices Abdul Aziz Abdul Rahim and Mah Weng Kwai, upheld the decision made by the Kuala Lumpur High Court last Feb 27 in dismissing MPK’s civil suit.

On March 22 last year, MPK filed a suit against PAS, seeking RM5 million in damages from the party which it claimed had distributed pamphlets containing false and defamatory words on the Bukit Takal Zoo issue.

On July 23 last year, the High Court granted an application by PAS to set aside a judgment-in-default order which MPK had served on the party for failing to appear in court despite being ordered to do so.

In the suit, MPK claimed that the council was never contacted by PAS for comments on the Bukit Takal Zoo issue before the party published and distributed leaflets on the matter.

The council was represented by lawyer Azwan Abdul Wahab, while PAS was represented by lawyer Noorazmir Zakaria, who is also PAS Youth’s legal and human rights department director.

- Bernama