The Court of Appeal is set to hear the merits of Youth and Sports Minister Khairy Jamaluddin Abu Bakar’s appeal against paying RM150,000 in damages to opposition leader Anwar Ibrahim.
This followed the Federal Court today allowing Khairy’s appeal against the Court of Appeal decision to allow Anwar’s application to strike out the minister’s notice of appeal on a technicality.
The five-person bench, chaired by Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim, delivered the unanimous decision after hearing submissions from the parties’ legal teams today.
The other members of the bench were Federal Court judges P Nallini, Vernon Ong Lam Kiat, Hasnah Mohammed Hashim, and Rhodzariah Bujang.
The hearing was conducted via the Zoom online application, with the panel of judges in open court, while the legal teams submitted online, with the bench viewing the lawyers’ submissions live on-screen in court today.
On Feb 19, 2018, the Court of Appeal struck out Khairy's appeal over having to pay RM150,000 damages to Anwar for allegedly defaming him.
The Court of Appeal had allowed a notice of motion filed by Anwar's legal team against the notice of appeal, over the reason that the notice was purportedly “ambiguous and defective”.
The Court of Appeal back then did not hear the merits of Khairy’s appeal.
When contacted today, Anwar’s counsel J Leela confirmed the outcome of today’s appeal hearing before the Federal Court.
She said the Federal Court had ordered Anwar to pay RM30,000 cost to Khairy, and fixed tomorrow for case management of the appeal before the Court of Appeal.
“KJ (Khairy)'s appeal was allowed with costs of RM30,000. The matter is remitted to the Court of Appeal for hearing on the merits.
“CM (Case management) is tomorrow at the Court of Appeal via e-review (online). CoA (Court of Appeal) will hear KJ’s appeal against the High Court decision on the merits,” she said.
Leela had submitted for Anwar during the Zoom hearing, while counsel Muhammad Shafee Abdullah represented Khairy during the same online hearing.
It was reported on Sept 29, 2017, that the Kuala Lumpur High Court ruled that Khairy was found to have defamed Anwar with his “main belakang” (a sodomy innuendo) remark in 2008.
The High Court had ruled that the remark was serious and defamatory, and Khairy was ordered to pay RM230,000 in damages and costs.
Prior to finding Khairy liable, the same court had also ruled out the minister's application to amend his defence. - Mkini
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