Pua, Yeo withdraw appeal over Chew’s defamation suit ruling

The civil court defamation ruling for 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 remains in place.

Counsel Syahredzan Johan acting for Pua and Yeo (above, right), informed the Court of Appeal this morning that they are withdrawing the appeal over a Shah Alam High Court ruling made last year.

The appellate bench had initially set today to hear the duo’s appeal over the lower court ruling delivered on Nov 30 last year.

When contacted after the online appellate court proceeding, Syahredzan confirmed the matter, adding that the court made no order as to costs.

On Nov 30 last year, the Shah Alam High Court ordered Pua and Yeo to pay RM350,000 in damages to Chew over a defamation suit linked to allegations that land was sold to MCA at an undervalued price.

Judge Roslan Abu Bakar allowed the former MCA secretary-general and party vice-president’s civil action over allegations that she greenlit 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 in previous press conferences had 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, was complicit in the purchase of land way below the market price.

Judge’s decision

In his decision, 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 was actually a member of the JTK.

“And also whether the land 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.

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

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

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

Donating damages money

In a statement later, Chew thanked the court for clearing her name and said she felt relieved that the litigation had come to an end.

“I hope that this case will serve as a reference for all politicians to ensure that all information is factual before commenting or making allegations.

“This case also proves that while justice may have been delayed, justice will eventually be served,” she added.

As for the damages awarded to her, she said the money will be donated to the Universiti Tunku Abdul Rahman Hospital. After deducting the costs involved in the litigation, the remainder that will be donated is RM258,000.

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

MCA secretary-general Chew Mei Fun resigns