INTRODUCTION
In
Dato' Sri Dr Mohamad Salleh bin Ismail & Anor v
Mohd Rafizi bin Ramli [2022] 3 MLJ 758, the Federal Court
discussed on whether the Respondent (i.e. the Defendant in the
trial court) could rely on the defence of fair comment in a
defamation claim commenced by the
Appellants (i.e.
the Plaintiffs in the lower court). In deciding so, the four
elements in established in
Joshua Benjamin Jeyaretnam v
Goh Chok Tong
[1989] 3 MLJ 1 was scrutinised in detail. For
convenience, parties will be referred to as they were in the High
Court.
BACKGROUND FACTS
Some time in November 2007, National Feedlot Corporation Sdn Bhd
("2nd Plaintiff") entered into an
Implementation Agreement and a Loan Facility Agreement with the
Government of Malaysia ("the
Government"), whereby the 2nd Plaintiff was appointed
to implement the National Meat Policy in 2006. The Project, which
was funded by the Government, was intended to reduce the
nation's dependency on imported
