The High Court in Kuala Lumpur today dismissed a defamation suit filed by former Teratai assemblyperson Jenice Lee against DAP acting chairperson Tan Kok Wai.

Justice Vazeer Alam Mydin Meera ruled that on a balance of probabilities, the plaintiff had failed to proof her case.

“The plaintiff has failed to proof that the words found in the impugned newspaper article were published by the defendant.

“The evidence showed that the defendant had distributed a copy of the disciplinary committee's finding to reporters and made some remarks. The disciplin ary report was in fact released upon a challenge by Lee and made public,” the judge said.

Justice Vazeer said the reporters then wrote a report based on the committee's report.

“Based on overall evidence, I' am satisfied with the content of the disciplinary committee's report. There is no evidence of malice on the part of Tan in disclosing the committee's finding to the public in light of her challenge to the defendant to do so.

“In this regards, even if Lee had proved publication, the publication of the report was on an occasion of qualified privilege and thus her claim would fail,” Justice Vazeer said.

Justice Vazeer ordered Lee ( photo ) to pay costs of RM40,000.

Appeal to be filed

Lee filed the suit on Nov 12, 2013 claiming that on April 23, 2013 which was the third day of campaigning for the 13th general election, Tan had held a press conference at the Taman Muda market situated in the Teratai state assembly constituency and issued defamatory statements against her.

These included accusing her of corruption, power abuse and misappropriation.

She said the statements were then published in Chinese and English as well as posted on the Internet.

Lee claimed the statements had damaged her position, credibility, integrity and reputation as a person and in politics.

She sought general, aggravated and exemplary damages and an injunction to stop Tan ( photo ) from repeating the alleged defamatory statements.

Lee express disappointment with today's decision and has instructed her counsel to file an appeal as soon as possible.