Chief Syariah judge Mohd Na’im Mokhtar has filed for judgment in default (JID) in his RM30 million defamation suit against former Umno supreme council member Lokman Noor Adam.
The plaintiff’s lawyers from law firm Akberdin & Co filed the application online at the Kuala Lumpur High Court last night.
Under the law of civil action, a plaintiff may file a JID application if the defendant, who has entered an appearance in the legal action, still failed to file a statement of defence against said suit.
The plaintiff, who is also Syariah Judiciary Malaysia Department director-general, is suing the Umno member over allegations of sexual harassment against several women, including one “Datin”.
Na’im’s JID application is over Lokman’s alleged failure to file his statement of defence within a stipulated amount of time, namely on Feb 11.
According to a copy of the JID application made available to the media this morning, the plaintiff contended that “no defence was served by the defendant in this action.”
Through the JID bid, Na’im is seeking for Lokman to pay a total of RM30 million in compensation, namely RM10 million in exemplary damages, RM10 million in aggravated damages, and RM10 million in punitive damages.
The plaintiff also seeks unspecified general damages as determined by the court, as well as five percent annual interest on the award given by the court, to be calculated from the date of judgment until full settlement, and legal costs.
On Jan 17, Na’im filed the defamation suit against Lokman, in the former’s personal capacity.
He alleged that the defendant defamed him via statements through two live posts on the Facebook page “Lokman Noor Adam Official” on Jan 10 and Jan 13.
Na’im alleged that Lokman also uploaded the live broadcast on his YouTube page on Jan 10 and Jan 14 respectively, besides uploading three defamatory posts on Facebook on Jan 11 and Jan 13.
Claims police report ignored
The plaintiff claimed the defamatory statements implied he was a spiritual opportunist, had failed to be a credible leader or set a good example for the community, and tarnished the good image of the Syariah Judiciary Department.
Na’im alleged that the live broadcast and other posts were spread to third parties as Lokman's Facebook and YouTube pages could be viewed and commented on by members of the public.
The plaintiff contended that a police report was lodged on Dec 12 last year to deny the Datin's claims against him, and he also lodged a police report against Lokman over his actions.
Na’im said a letter of demand dated Jan 13 was issued against Lokman to withdraw the alleged defamatory statements and delete the posts on Facebook, besides making a public apology within 24 hours.
The plaintiff claimed that as of today, the defendant ignored the police report and legal letter.
Through the main defamation suit, Na’im seeks an injunction for Lokman to delete the videos and posts, as well as to prevent the defendant from republishing them, besides an apology to be uploaded on social media.
The plaintiff also seeks general damages to be assessed by the court, apart from exemplary, aggravated, and punitive damages amounting to RM10 million each, with five percent interest per annum calculated from the date of judgment until full settlement, as well as other relief deemed fit by the court.
It was reported that the High Court on Jan 20, allowed Na’im’s application for a temporary injunction for Lokman to take down the alleged defamatory postings. The defendant has since complied with the temporary injunction order.
The court has also set March 22 to hear Lokman’s bid to set aside the interim injunction pending disposal of the main suit. - Mkini
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