The Cape High Court awarded R100 000 in damages plus costs on Monday to a fleamarket trader who sued the Cape Times, its former editor Ryland Fisher, Independent Newspapers and its distributors for R3-million for defamation.

Walleed Suliman instituted action against Independent Newspapers Holdings, Fisher, Independent Newspapers Cape and Allied Media Distributors.

The action was based on the contents of reports and pictures in two editions of the Cape Times relating to his arrest at Cape Town International Airport on August 27 1998.

Suliman claimed the reports suggested that his arrest may have been linked to the bombing of the Planet Hollywood restaurant two days earlier, but that he was only told of a fault with his passport.

According to evidence during the trial, former Cape Times editor Ryland Fisher took the decision to publish Suliman's name and photograph.

Fisher declined to testify.

In a 50-page judgment delivered on Monday, Justice Selwyn Selekowitz said: "There was no suggestion that he (Fisher) was not available to testify. The only evidence as to what might have been taken into account by (Fisher) amounts to speculation by (former managing editor, Kanthan) Pillay," he said.

Selekowitz described the tone of the reports as "sensationalist".

"The general tone is not entirely factual nor moderate. The articles themselves pander to the curiosity of the readers by providing unnecessary personal detail," he added.

Selekowitz said reporters and editors had sufficient opportunity to check the correctness of the thrust of the reports, adding that they contained "evidence of sloppy journalism".

"Their sensational and attention-grabbing efforts were not justified by what was actually stated in the articles," he said.

He said the editor's belief that he could publish with impunity because of public interest did not serve to reduce the damages.

Selekowitz agreed that the newspaper did not act unreasonably in relating Suliman's arrest to the Planet Hollywood bombing.

"After all, that was what the official (police) spokesperson confirmed after having had an opportunity to check the facts before reverting to (the reporter)," he said.

However, he was not satisfied with the description that Suliman was "a suspect".

Speaking after the judgment on Monday, Fisher, who left the Cape Times at the end of 1999, said: "I had reason for not wanting to testify. Part of that reason was that I felt Kanthan (Pillay) had the clearest recollection of what happened on that night. My memory of what happened was very vague. We end up taking many decisions on a daily basis. I felt I wouldn't be able to add more to what Kanthan had said."

Suliman refused to speak to the Cape Times, but his attorney, Abduraghman Khan, said Suliman was "relieved".

"He has been exonerated and vindicated. He hopes to put it behind him now and move on with his life," he said.

Khan said Suliman acknowledged that the media had an important role to play, but that members of the media should know their boundaries.

"Hopefully, this case gives clear guidance," he added.

Current Cape Times editor Chris Whitfield said: "We are considering aspects of the judgment."

With acknowledgements to Fatima Schroeder and Cape Times.