In a 6-1 majority decision, the court held that the online portal had failed to cast reasonable doubt on the allegation and failed on the balance of probabilities in the case against it.Court of Appeal president Justice Rohana Yusuf, who chaired the seven-man panel, said Malaysiakini had contended that it was not possible to moderate all comments due to the high volume on its website.
“Ultimately, Malaysiakini is the owner of the portal. It has full control over what it has published. Other judges on the bench were Chief Judge of Malaya Justice Azahar Mohamed; Chief Judge of Sabah and Sarawak Justice Abang Iskandar Abang Hashim; and Federal Court judges Justice Mohd Zawawi Salleh, Vernon Ong Lam Kiat and Abdul Rahman Sebli.During mitigation, counsel Datuk Malik Imtiaz Sarwar, who acted for the respondents, said his clients had cooperated with the police and the courts from the beginning.
During sentencing, Justice Rohana said the court had taken into account the apology made by both respondents in writing and orally to the court and their cooperation with the police. On June 17,2020, a Federal Court three-member bench allowed Attorney General Tan Sri Idrus Harun's ex parte application for leave to commence committal proceedings against Mkini Dotcom - which runs news portal Malaysiakini - and Gan.