THE High Court has dismissed a defamation suit filed by three lawyers, including former law minister Datuk Mohd Zaid Ibrahim, against the Malaysian Bar Council and its former president, Karen Cheah Yee Lynn, over a press statement issued during Datuk Seri Najib Razak’s final appeal in the SRC International case.
Justice Roz Mawar Rozain ruled that the plaintiffs – Zaid, Liew Teck Huat and Rueben Mathiavaranam – failed to prove the media statement in question was defamatory. She found that the trio had already exposed themselves to public scrutiny before the publication, including through interviews, social media posts, and public admissions regarding their lack of preparation in taking over Najib's case, all of which had shaped public perception.
“On 19 August 2022, the plaintiffs’ reputations had already been formed based on facts in the public domain. In such circumstances, the statements, though strongly worded, did not materially worsen the plaintiffs’ reputations,” the judge said.
While recognising the importance of safeguarding professional reputations, she noted that legal thresholds for defamation had not been met. “This court finds the press statement did not further damage the plaintiffs’ standing in the eyes of a reasonable member of the public. Therefore, the tort of defamation is not established.”
Justice Roz Mawar also rejected the claim of conspiracy, stating that there was no evidence of any agreement between the defendants to harm the plaintiffs. She affirmed that Cheah, as then-president of the Malaysian Bar, acted within the scope of her statutory duties under Section 42(1)(d) of the Legal Profession Act 1976 when issuing a public statement on a matter of professional concern.
The court made no order as to costs.
Filed on 30 September 2022, the suit centred on a 19 August 2022 statement titled *Abuse of Process Brings Disrepute to Our Justice System*, published on the Malaysian Bar’s website and republished by several media outlets including *The Edge Markets*, *Malay Mail*, and *The Star*.
The plaintiffs alleged the statement implied that they had abused court processes and committed professional misconduct by taking on Najib’s appeal at the last minute, thus bringing the legal profession into disrepute. They argued that any misconduct complaints should have first been referred to the Disciplinary Board under Section 99(1) of the Legal Profession Act, and accused both defendants of breaching their statutory duties.
On 26 July 2022, Najib had appointed the law firm Zaid Ibrahim Suflan TH Liew & Partners (ZIST) to represent him in his final appeal at the Federal Court, after terminating Shafee & Co with immediate effect. However, on 19 August, he dismissed ZIST as his solicitors.
Najib is currently serving a six-year sentence in Kajang Prison after being convicted of misappropriating RM42 million from SRC International. The Federal Court upheld the conviction and sentence initially imposed by the High Court: 12 years’ imprisonment and a RM210 million fine. A royal pardon granted earlier this year reduced his jail term to six years and his fine to RM50 million. - May 29, 2025
