Court orders Pua, Yeo to pay Chew RM350k in defamation case

The Shah Alam High Court ordered DAP’s Tony Pua and Yeo Bee Yin to pay RM350,000 in damages to former deputy women, family and community development minister Chew Mei Fun over a defamation suit linked to allegations that land was sold to MCA at an undervalued price.

Judge Roslan Abu Bakar today allowed the former MCA secretary-general and party vice-president’s civil action over allegations that she greenlighted the land sale to the political party.

Back in 2018, Chew initiated the defamation action over Pua and Yeo’s statements - carried in three news portal articles as well as a Facebook video made between Sept 14 and 19, 2017 - which she dismissed as false allegations.

At the time Yeo was the Damansara Utama assemblyperson, and Pua was Petaling Jaya Utara MP.

The duo had in previous press conferences claimed that Chew, as the former Petaling Jaya Utara MP and part of the District Land Committee (JTK) authorised to approve land deals in her constituency, had been complicit in the purchase of land way below the market price.

In his decision today, Roslan said the court found that the plaintiff was never a member of the JTK which approved the alienation of the said land to MCA at the material time, namely between 2006 and 2007.

“Further, I found that both defendants (Pua and Yeo) had never verified with the relevant authorities or documents whether the plaintiff is actually a member of the JTK. And also whether the land that they were referring to as a dragon fruit farm, was the actual land involved in the transaction.

“Thus, the defendants had failed to establish the truth of the statements. As such, the defence of justification must fail,” the judge added.

Elements of malice

Roslan pointed out that while the statements issued by the two defendants were on a matter of public interest, the duo’s statements contained elements of malice as they were made recklessly and uncaring whether true or false without making prior enquiries to ascertain the truth.

The judge said, as a result, Pua and Yeo cannot rely on the defence of fair comment and qualified privilege.

Roslan ordered Pua and Yeo to pay general damages of RM200,000 and RM150,000 respectively to Chew, which is inclusive of aggravated damages.

The judge directed the two defendants to pay an annual interest of five percent on the sum awarded from the date of judgment today until the date of full payment.

Roslan also directed Pua and Yeo to collectively pay costs of RM50,000 to the plaintiff.

When contacted this afternoon, lawyers Rueben Mathiavaranam and Syahredzan Johan - who acted for the plaintiff and defendants respectively - confirmed the outcome of the court proceedings.

Syahredzan said they were disappointed with the verdict as they presented submissions in court on how Pua and Yeo did not defame Chew.

“We will study the grounds by the learned High Court judge and we will take instructions on whether an appeal is to be filed against the decision,” the lawyer said.

Later, Syahredzan told Malaysiakini that Pua and Yeo would file an appeal to the Court of Appeal.

Feel free to sue us, DAP reps tell MCA veep

Chew plans legal action against DAP rep over land deal

Chew denies Pua's claims over 'below market rate' land deal