The New Straits Times Press (M) Bhd today failed to overturn on appeal a High Court decision to award PAS vice-president Husam Musa RM350,000 for defamation.

The Court of Appeal in Putrajaya has upheld the Kuala Lumpur High Court's judgment in an unanimous decision by a three member panel led by Justice Mohd Hishamudin Mohd Yunus.

The other judges are Justice David Wong Dak Wah and Justice Umi Kalthum Abdul Majid.

The appellate court dismissed the appeal on the quantum and the liability of the media to the claim.

“There are no merits in the (NSTP's) appeal,” ruled Justice Hishamudin ( left ).

Besides this, the appellate court also ordered NSTP to pay RM10,000 in costs to Husam.

Husam's lawyer Mohd Yunus Shariff confirmed the decision with Malaysiakini today.

It was reported last year that KL High Court judge Justice Su Geok Yiam had ordered NSTP pay the damages.

This follows the media reporting that two Kelantan Umno assemblypersons Nozula Md Diah (Paloh) and Muhd Adhan Kechik (Bukit Bunga), filed a report with the Anti Corruption Agency (ACA) in 2007, claiming nine cases of mismanagement, corruption and abuse of power by individuals in the PAS-led government and directly linked to Husam.

Filed RM6 million suit

Following the ACA report and the news media reports carried by NSTP, Husam filed the RM6 million suit in Jan 2008, against the two and NSTP.

The two BN assemblyperson had subsequently apologised to Husam in 2009 for the report, where one of them published the notice of apology in Berita Harian .

Nozula said he deeply and unconditionally apologises to Husam Musa (right) over the "false and baseless report".

"Following this, I withdraw all the allegations and express regret that it (allegations) had resulted in pressuring Husam and his family and may have tarnished his personal character," he said.

Justice Su in ordering the payout of RM350,000 said it was for exemplary, aggravated and general damages.