Appellant withdraws application for leave to appeal
KUCHING: The Federal Court here yesterday struck out former SUPP Bintulu branch chairman Henry Ling’s application for leave to appeal against the Court of Appeal’s decision on his defamation suit against PKR deputy chairman Abang Zulkifli Abang Engkeh and state PKR women chief Nurhanim Hanna Mokhsen.
A three-member panel chaired by Court of Appeal president Tan Sri Md Raus Sharif made this decision after Ling told the Court of his intention to withdraw his application for leave to appeal against the Court of Appeal’s decision.
However, Md Raus who sat with Federal Court judges Tan Sri Ahmad Maarop and Tan Sri Jeffrey Tan Kok Wha, also made an order of no cost after confirming with the respondents’ lawyers that they were not asking for costs.
Ling represented himself, while Abang Zulkifli and Nurhanim were represented by their counsels See Chee How, Desmond Kho, Jamilah Baharuddin and Jeffery Mok.
The Court of Appeal that sat on Oct 22 last year dismissed Ling’s appeal against the Kuching High Court’s decision to dismiss his defamation suit against Abang Zulkifli and Nurhanim.
The decision came after the judges led by Justice Datuk Tengku Maimun Tuan Mat, who sat with Justices Datuk Ahmadi Asnawi and Tan Sri Idrus Harun, found there was no merit in Ling’s appeal. She also ordered Ling to pay cost of RM3,000.
The Kuching High Court, in dismissing Ling’s suit on Nov 12, 2014, ruled that no defamation was established, while the defence of leave and licences and fair comment were established.
The statement of claim filed by Ling stated that in the run-up to the April 16, 2011 state election, Abang Zulkifli and Nurhanim held a press conference on Feb 9 in the same year, chastising Ling for accusing PKR de facto leader Datuk Seri Anwar Ibrahim of urging the people to revolt against the government.
The content of the press conference was published in three main local Chinese dailies – Sin Chew Daily, United Daily News and See Hua Daily News.
Abang Zulkifli and Nurhanim had asked Ling to retract his statement as well as to be responsible for his remarks and make a public apology for the remarks made against Anwar.