PUTRAJAYA: The Court of Appeal struck out Youth and Sports Minister Khairy Jamaluddin’s notice of appeal against a defamation suit in which he was ordered to pay RM150,000 in damages to Datuk Seri Anwar Ibrahim.
A three-man bench comprising Justices Tengku Maimun Tuan Mat, Zaleha Yusof and Zabariah Mohd Yusof unanimously allowed Anwar’s application to strike out the notice of appeal yesterday.
“Having perused the notice of appeal, we find that there is some ambiguity as to whether the appellant (Khairy) is appealing against the High Court’s dismissal of his application to amend his statement of defence,” said Justice Tengku Maimun, who chaired the panel.
She also said the notice of appeal stated that Khairy was not satisfied with the whole decision of the High Court, but did not make any mention that he was also appealing against the High Court’s dismissal of his (Khairy’s) application to amend his statement of defence.
Justice Tengku Maimun said there was no doubt that there were two separate orders made by the High Court, namely relating to the High Court award of damages and also on the dismissal of Khairy’s application to amend statement of defence.
Citing the Federal Court decision in A. Santamil Selvi vs J. Deepak, she said the apex court had ruled that it was mandatory for a separate notice of appeal to be filed if there was a separate decision for orders made by the court.
She ordered Khairy to pay a sum of RM10,000 in costs and also rejected the application by his counsel Tan Sri Muhammad Shafee Abdullah to stay the Court of Appeal decision pending the filing of leave to appeal to the Federal Court.
As such, the Sept 29, 2017, decision of the Kuala Lumpur High Court, which ordered Khairy to pay a total of RM150,000 in general damages to Anwar for allegedly uttering defamatory words against him during a ceramah in Lembah Pantai, Kuala Lumpur, in 2008, stays.
The former opposition leader sued Khairy on March 7, 2008.
In the lawsuit, Anwar claimed that Khairy, who was then Umno Youth vice-chief, had uttered defamatory words against him and caused the publication of a video clip titled “Anwar and kin no threat” on news portals, including Malaysiakini.com.
Meanwhile, Muhammad Shafee said he was shocked by the court’s decision and that he would be filing the leave to appeal and stay order by tomorrow. — Bernama