Helmet, Goggles, Sledgehammer: Court Finds Malice in Viral KLCC Condo Smashing, Awards Tropicana RM350k

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Tropicana Corporation Bhd and its subsidiary Tropicana Residences Sdn Bhd have won a defamation suit against Tan Song Kwan over viral videos showing him damaging a condominium unit with a sledgehammer.

On 15 October, Judicial Commissioner Nixon Kennedy Kumbong awarded the two companies RM300,000 as a global sum for general and aggravated damages.

He also ordered Tan to pay RM50,000 in costs.

The damages carry 5% interest per annum from 11 July 2019, the date the writ was filed.

It All Started With A Condo Unit’s Alleged Defects

The suit arose from a dispute over defects in a unit at Tropicana’s KLCC development.

Tan was acting as a representative of the purchaser at the time. The videos, which spread on social media in April 2019, showed him spray-painting markings in the unit and smashing a table and parts of the floor.

The unit was reported at the time to be worth about RM2 million, in a statement at the time.

Tropicana said in a statement then that keys to the unit had been handed over to the buyer the month before.

It also said Tan had brought a sledgehammer to a meeting arranged to resolve the defects.

What The Court Found

Nixon held that the plaintiffs were clearly identified in the videos and statements, which repeatedly referred to Tropicana and its representatives.

The court found that the videos were published through Facebook and WhatsApp, broadcast on NTV7, and shown in screenshots in The Sun and Chinese-language newspapers.

Two independent witnesses testified that they saw the videos before 25 August 2019. One described them as having gone viral among people following property matters.

The judge rejected Tan’s claim that the plaintiffs had recorded the videos and negligently allowed them to spread.

On malice, Nixon said Tan’s preparations before the incident supported the finding. These included obtaining a sledgehammer, helmet, gloves and goggles. Tan also admitted that he had prepared to smash the unit.

The court also rejected his reliance on freedom of speech under Article 10(1)(a) of the Federal Constitution. Nixon ruled that the right is subject to legal restrictions, including defamation law.

Tropicana was represented by Nicholas Kow, Emile Ezra Hussain and Nur Amelia Izlyn. Tan was represented by Jessie Koh.

Seven years after the videos went viral, the court ruled that a complaint about defects does not shield the content of the videos from a defamation claim.

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