A new High Court judge will decide on Utusan Malaysia 's application to stop lawyer N. Surendran from representing Datuk Seri Anwar Ibrahim in his defamation suit against the Malay daily and TV3.
A three-man Court of Appeal bench, led by Datuk Abdul Aziz Abdul Rahim, made the consent order following an agreement by the appellant and respondent.
Lawyer Datuk Ambiga Sreenevasan, who appeared for Surendran, said a new judge was tasked to hear the case again since Utusan had disqualified judicial commissioner Rosilah Yop from hearing the suit.
"The appellate court has set aside the order against Surendran. It is back to the drawing board," Ambiga said.
No date has been fixed as to when the High Court would re-hear the matter.
On April 8, Rosilah barred Surendran from representing Anwar after agreeing with Utusan that there would be conflict of interest.
At that time, Surendran was a PKR vice-president while Anwar the party's de facto leader.
As such, Rosilah, in her ruling, held that Surendran might not be able to maintain professional conduct and independence in acting as Anwar's counsel in court.
She, however, dismissed Utusan's application to disqualify R. Sivarasa's firm Messrs Daim & Gamany as solicitor on record for the case.
Anwar is suing Utusan, its group editor-in-chief, Datuk Abdul Aziz Ishak, Sistem Televisyen Malaysia Berhad (TV3), its group managing editor, Datuk Shahruddin Abdul Latif and the station's news programme Buletin Utama news editor Ing Boon Seng over claims that he was the mastermind of the Lahad Datu intrusion that happened last year.
Utusan Malaysia had also applied for Rosilah to be recused from hearing the defamation suit as she had heard and decided another similar suit by Anwar this year.
The Court of Appeal has affirmed the disqualification.
Early this year, Rosilah awarded RM800,000 in damages to Anwar against blogger Wan Muhammad Azri Wan Deris or Papa Gomo.
During the case between Anwar and Wan Azri, Rosilah had decided that Anwar was of good character and reputation.
- TMI
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