Penang High Court dismisses tycoon Tan Kok Ping’s defamation suit against CM Kon Yeow, ordered to pay RM50,000 in costs

GEORGE TOWN, Nov 26 –– The Penang High Court today dismissed Penang Chinese Chamber of Commerce (PCCC) life honorary president Tan Sri Tan Kok Ping’s defamation suit against Penang chief minister Chow Kon Yeow.

Penang High Court Judge Datuk Quay Chew Soon, who delivered the decision today after a full trial, found the impugned statements were not defamatory and that the statements Chow made were fair comment.

“On a balance of probabilities, I find that the plaintiff has not proven his claim of defamation and that the defendant has succeeded in his defence of fair comment and qualified privilege,” he said in delivering his decision.

He also ordered Tan to pay Chow costs of RM50,000.

Tan had filed a suit against Chow over the latter’s statement published in Chinese newspapers last December on Tan’s resignation as the trustee of the Silver Jubilee Home.

In reading his grounds for judgment, Quay said the six impugned statements made by Chow were substantially true and not half truths as claimed by Tan.

He also found that the comments by Chow were fair minded and that the statements Chow made were in response to statements made by Tan in press conferences that contained scathing criticisms against Chow.

“I am satisfied with the defendant’s defence of qualified privilege as he need to impart his explanation to the public and should be able to do so without being liable for defamation,” he said.

He also found that there was no malice in the comments made by Chow against Tan.

He said since Tan had held two press conferences criticising Chow, it was only appropriate for Chow to use the same platform to reply to Tan.

“I find the impugned statements are the opinions of a fair minded person in the circumstance and that the impugned statements are matters of public interest,” he said.

He said this is because the issue involved the community that included residents staying in the home and the residents nearby Taman Lip Sin that had raised objections against the project.

Quay said Tan’s resignation letter as a trustee of the Silver Jubilee Home contained scathing criticisms against Chow such as the latter making fake promises and did not lift a finger to help the home.

He said this warranted a response from Chow as the chief minister and ex-officio chairman of the corporation.

“The statement by the defendant was simply to advocate for good governance by appointing a contractor through open tender,” he said.