I don't think you can say it was not malicious. Stitching two things together to create a false impression, to suit a narrative of negativity, is probably enough for there to be something to answer.
Probably worth you understanding the difference between the two:
Malicious Falsehood has four key elements:
(1) a false statement of fact published to a third party,
2) reference to the claimant or their identifiable business or economic interests,
(3) malice on the part of the publisher, and
(4) resulting pecuniary loss (special damage) unless dispensed with by statute.
In essence, the tort arises when a defendant maliciously publishes false words about the claimant (or the claimant’s business, products, or property) that cause quantifiable financial loss.
Again as I've already shown in the defamation act, the time limit can be waived, if his lawyers can convince the court.