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Full judgment of Court of Appeal in Harris Salleh vs Yong Teck Lee & Another

IN THE COURT OF APPEAL OF MALAYSIA

(Appellate Jurisdiction)

CIVIL APPEAL NO. S-02-691-03/2012

BETWEEN

DATUK YONG TECK LEE

(Sued in his personal capacity and as

an officer of the 2nd Appelant)

... 1st APPELLANT

SABAH PROGRESSIVE PARTY

... 2nd APPELLANT

AND

DATUK HARRIS MOHD SALLEH

... RESPONDENT

In the matter of Suit No. K22-128-2010 in the High Court in Sabah

and Sarawak at Kota Kinabalu

Between

Datuk Harris Mohd Salleh

... Plaintiff

and

Datuk Yong Teck Lee

Sued in his personal capacity and as

an officer of the 2nd Defendant)

... 1st Defendant

Sabah Progressive Party

... 2nd Defendant

CORAM:

LINTON ALBERT, JCA

ANANTHAM KASINATHER, JCA

ZAKARIA BIN SAM, JCA

ANANTHAM KASINATHER, JCA

DELIVERING JUDGMENT OF THE COURT

BACKGROUND FACTS

1. On 6th June 1976, two Nomad aircraft were scheduled to return to Kota Kinabalu (K.K), one via Kudat and the other directly to KK. The nomad aircraft scheduled to return to KK directly, never made it back as it crashed near Sembulan. A substantial number of the cabinet members of the then ruling party of the State Government of Sabah namely the Berjaya party including the then Chief Minister of the State Tun Fuad Stephens were killed in the crash.