The High Court in Kuala Lumpur has allowed the extension of an injunction for Umno Supreme Council member Lokman Noor Adam to take down online postings allegedly defamatory against Chief Syariah judge Mohd Na’im Mokhtar until March 22.
The online postings contained allegations of sexual harassment involving several women.
The order, issued by judge Rozana Ali Yusoff today, is in relation to Na'im’s ongoing defamation suit against the politician.
Previously on Jan 20, the court allowed Na’im’s application for ex-parte (the matter was heard without the presence of Lokman or his lawyers) injunction for Lokman to take down the five Facebook postings and two videos, as well as two YouTube videos.
The order issued on Jan 20 was initially only set to be in effect until today, when the court was also initially scheduled to hear Na’im’s interpartes (where both parties are present) hearing of an application for an injunction to maintain the status quo of parties, pending disposal of the main lawsuit.
Under civil law, the court may issue an ex-parte injunction order to maintain the status quo between the plaintiff and defendant, pending the hearing of submissions of both parties on a later date regarding the injunction.
As of now, the High Court has yet to fix a date to hear the merits of the defamation suit.
Lokman needs more time
When contacted today, Na’im’s counsel Akberdin Abdul Kader confirmed the court’s decision on the extension.
The lawyer said the interpartes injunction hearing has also been postponed from today to March 22, as Lokman sought more time to file an affidavit in reply to the injunction application.
Akberdin said they did not object to Lokman’s bid for more time to file an affidavit in reply, and the court gave the defendant until Feb 11 to file, and that they (plaintiff) in turn have two weeks from that date to file any reply to the affidavit.
“The court set March 22 for interpartes hearing (for the injunction). Today we applied for the injunction to be extended (until March 22) and the court granted,” the lawyer said. Lokman was represented by lawyer Norfazilah Jaafar.
On Jan 17, Na’im filed the RM30 million defamation suit against Lokman over the sexual harassment allegations.
Na’im, who is also Syariah Judiciary Malaysia Department director-general, is suing Lokman in his personal capacity.
According to the statement of claim, the plaintiff alleged that the defendant made defamatory statements via two live posts on 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, as well as uploading three defamatory posts against him on Facebook on Jan 11 and Jan 13.
The plaintiff claimed among others that the 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 said a police report was lodged on Dec 12 last year to deny the sexual harassment allegations and also against Lokman over the matter.
The plaintiff is seeking an injunction to compel the defendant to delete the videos and posts and to prevent the defendant from republishing them; as well as an order for the politician to make an apology to be uploaded on social media.
Na’im also seeks court-assessed general damages; exemplary, aggravated, and punitive damages amounting to RM10 million each; five percent interest per annum calculated from the date of judgment until full settlement; as well as any other relief deemed fit by the court. - Mkini
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