PAS deputy president Mohamad Sabu failed today to quash a high court decision ordering him and the party’s secretary-general to pay RM200,000 to a former Election Commission (EC) deputy chairperson.

At the Court of Appeal today, Lim Yee Lan, Varghese George Varughese and Idrus Harun unanimously dismissed the appellants’ contention that Wan Ahmad Wan Omar could not sue them because he was a public servant.

Justice Lim pointed out that Wan Ahmad had brought the civil suit against Mohamad, better known as Mat Sabu, and Datuk Mustafa Ali, in his personal capacity.

She said the appellants had acted out of malice by making statements without proper verification. Lim further ordered them to pay RM10,000 costs.

Wan Ahmad sued the two PAS leaders on March 5, 2013, alleging that the articles published in the Harakah Feb 1-3 edition based on their interview on Jan 29, 2013 alluding to the ‘Sabah IC Project’, were defamatory to him.

In their statement of defence, Mohamad and Mustafa denied defaming Wan Ahmad, contending that his position as a public servant was open to public scrutiny.

On March 20, last year, the High Court ruled in favour of the ex-EC officer and ordered the duo to pay RM200,000 damages.

The appellants were represented by lawyer Azhana Mohd Khairuddin while Wan Ahmad, by Mohd Hafarizam Harun.

- Bernama