The appeal by TV3 or Sistem Televisyen (M) Bhd, based on “judicial bias”, against former Perak menteri besar Mohd Nizar Jamaluddin's defamation suit is fixed to be heard in the Federal Court tomorrow.

There is only one question to be decided by the apex court - whether there was bias or a real danger of bias in the Court of Appeal coram in regard to the chairperson of the coram having a relationship with (or, knowing) Nizar.

TV3 has alleged that former Court of Appeal judge Mohamad Ariff Mohd Yusof, who led the three-man bench, could have been biased.

However, Mohamad Ariff did not write any judgment in the case, for the two judgments written on the court’s decision came from Justice David Wong Dak Wah and Justice Abang Iskandar Abang Hashim.

Justice Wong and Justice Abang Iskandar are still Court of Appeal judges.

TV3's counsel Liew Teck Huat had argued before the Federal Court that there was a possibility of bias on grounds that Mohamad Ariff was a PAS member and could have known Nizar, who was Perak menteri besar under PAS in 2008 and early 2009.

Nizar filed suit in 2012

TV3, which is owned and operated by Media Prima Bhd, was granted leave by the Federal Court in January last year to raise that question in its appeal .

Nizar in 2012 filed a RM50 million defamation suit against TV3 following its report on his tweet on the WWW1 car registration licence plate purchased by the Johor sultan.

He claimed the station had said that he (Nizar) had tweeted that the Johor sultan had used public funds in winning the bid for the number.

The former Perak MB initially lost the suit in the High Court in Kuala Lumpur.

However, a three-member bench of the Court of Appeal unanimously allowed Nizar’s appeal and ordered damages to be assessed by the High Court.

Tomorrow's appeal before the Federal Court will the final venue in the matter for both parties.​