Prime Minister Najib Abdul Razak's application to strike out certain portions of Malaysiakini's defence was adjourned today at the Seremban High Court.
This arose after Justice Kamaludin Md Said allowed lawyer Pavendeep Singh's application for a stay of proceedings, pending an appeal for Kamaludin's recusal from hearing this case.
Pavendeep, counsel for the news portal, told Malaysiakini that Justice Kamaludin agreed with his submission that issue of bias should be dealt with as a matter of propriety.
"Failing which, in the event the appeal is allowed, it will have the effect of nullifying the proceedings. The judge accepted that he was bound by the Rowstead case.
"He granted us order in terms for stay (of proceedings) and directed us to expedite appeal on recusal and get it heard together with appeal on (Kuala Lumpur High Court judge) Asmabi Mohamad 's decision to have another judge hear this case," said Pavendeep.
Today was initially fixed for the hearing of Najib's application to strike out certain portions of Malaysiakini's defence.
Najib is suing Malaysiakini for two articles compiled from readers' comments over the Terengganu imbroglio last May 14, 2014, in the Yoursay columns titled ‘A case of the PM reaping what he sows’ and ‘How much will Najib spend to keep Terengganu?’.
Najib filed the suit in Kuala Lumpur. Malaysiakini tried to have another judge besides Justice Kamaludin from hearing the case as the case had yet to begin when the judge was transferred to Seremban.
However, the Chief Judge of Malaya, Justice Zulkefli Ahmad Makinuddin, directed Justice Kamaludin to hear the case.
Malaysiakini's application to review Justice Zulkefli's decision was dismissed by Kuala Lumpur High Court judge, Justice Asmabi Mohamad last June 22. He has now been elevated to the Court of Appeal.
The news portal's application to recuse Justice Kamaludin was dismissed by the judge last Jan 21.
Meanwhile in Kuala Lumpur, Housing and Local Government and Urban Well Being Minister Abdul Rahman Dahlan's suit against the news portal has been fixed for May 4 for case management before justice Rosnani Saub.
The minister is suing Malaysiakini for comments made in a Voxpop column, over his statement that the people should move to the rural areas to help ease the high cost of living. -Mkini
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