Ismail Sabri Yaakob today has obtained a court order for a news portal to delete an allegedly defamatory article against the prime minister.
The Kuala Lumpur High Court allowed the ex-parte injunction application for Agenda Daily to delete the news article “Ismail Sabri bimbang jadi PM paling singkat, ‘rayu’ jangan tarik sokongan” (Ismail Sabri worries of becoming shortest-lived PM, ‘begs’ for support to remain) uploaded on Jan 30.
The order was issued as part of Ismail Sabri’s defamation suit against the news portal linked to the article. The civil action was filed yesterday.
Previously on Feb 5, Agenda Daily chief executive officer Muhamad Izwan Mohd Zubit defended the article as a political analysis based on the current scenario.
Ismail Sabri’s writ of summons targeted Izwan as the sole proprietor of Agenda Daily Media Enterprise, which operates the Agenda Daily news website.
According to the cause list at the judiciary’s web portal, Kuala Lumpur High Court judicial commissioner Evrol Mariette Peters this afternoon granted the ex-parte injunction application sought by Ismail Sabri’s lawyers from law firm Kesavan.
“Order in terms of prayers 1 and 4 only allowed with costs in cause. Return date on March 4,” stated the outcome of the hearing conducted ex-parte (meaning the news portal’s lawyers were not present during the proceedings).
Prayer is a legal term for the specific request for judgment, relief and/or damages at the conclusion of a complaint or petition.
The date of March 4 refers to a scheduled hearing when Agenda Daily’s legal team can submit a bid to set aside the injunction order, pending disposal of the main defamation suit.
According to a copy of Ismail Sabri’s ex-parte injunction application, the plaintiff seeks an injunction (granted today) to compel the defendant to delete the impugned article from the Agenda Daily site.
Through a copy of the suit’s statement of claim, Ismail Sabri claimed that the article, “when read in its entirety, contained various malicious, defamatory, and/or untrue statements concerning the plaintiff”.
Via the main civil action, the plaintiff is seeking a permanent injunction for Agenda Daily to take down the article and not to repeat the alleged defamatory statement.
PM also wants apology
Ismail Sabri is also seeking for the defendant to issue a written apology in the term and form to be decided by the plaintiff, as well as publish the apology on the news portal and two local newspapers to be decided by the plaintiff, within seven days from the date of judgment.
Additionally, the plaintiff seeks general, aggravated and exemplary damages, 5 percent annual interest on awarded damages, calculated from the date of judgment to date of full settlement, costs to be borne by the defendant on a full indemnity basis, and any other relief deemed fit by the court.
When contacted by Malaysiakini this afternoon, the premier's counsel Ragunath Kesavan confirmed that the High Court allowed the ex-parte injunction application this afternoon.
The lawyer added that they are now in the process of serving a copy of the injunction order to the defendant. - Mkini
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