The Court of Appeal reprimanded Khairy Jamaluddin’s legal team for making a bid to adjourn the Health Minister’s long-standing appeal against opposition leader Anwar Ibrahim’s defamation suit.
Judge Lee Swee Seng, who chaired the three-person bench, reminded the minister’s counsel Sarah Malini Abishegam that the legal team should have prepared another lawyer to submit, in the event that the lead lawyer is indisposed.
Sarah earlier applied for an adjournment of Khairy’s appeal (set for hearing today) as lead counsel Muhammad Shafee Abdullah was unable to attend this morning’s online zoom proceedings due to being unwell.
She said that Shafee had developed a fever due to pain from old rheumatoid arthritis, and that the lead lawyer also suffered pain in his wrists and right shoulder.
The Court of Appeal was set to hear the merits of Khairy’s appeal against paying RM150,000 in damages to Anwar, in relation to the minister’s alleged main belakang (a sodomy innuendo) remark in 2008.
On Sept 29, 2017, the Kuala Lumpur High Court ruled that Khairy had defamed Anwar with the remark. Khairy had then appealed against this ruling.
Prior to finding Khairy liable, the High Court had also ruled out the minister's application to amend his statement of defence against Anwar’s suit.
“This is a 2017 case (appeal) and this case should be disposed of as soon as possible this year.
“The next adjournment (today) shall be the final adjournment date, and no further adjournment date will be allowed.
“In the event that the lead counsel (Shafee) is medically indisposed, the co-counsel has to rise to the occasion and argue the case (Khairy’s appeal).
“The case - come rain or shine, rain or flood - will proceed,” Lee said. The other judge members of the Court of Appeal panel are Vazeer Alam Mydin Meera and Darryl Goon Siew Chye.
No objection
When queried by the bench, Anwar’s lawyer J Leela said that they have no objection to the adjournment application.
Lee then directed for the matter to be fixed for case management before the Court of Appeal Registry around 11am this morning to set a new hearing date for Khairy’s appeal.
The appeal was long-standing as initially on Feb 19, 2018, the Court of Appeal had dismissed Khairy’s appeal on a technicality, without hearing the merits of the appeal.
However on Dec 15 last year, the Federal Court allowed Khairy’s appeal against this initial dismissal, and ordered the Court of Appeal to hear the merits of the minister’s appeal.
The Court of Appeal was set today to hear the merits of Khairy’s appeal. - Mkini
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