PUTRAJAYA: The Court of Appeal has dismissed former Klang MP Charles Santiago’s application to stay a defamation suit filed by preacher Zakir Naik.
Santiago wanted to halt the case pending his appeal against a High Court’s refusal last month to have the case heard by a sessions court judge in Klang.
A three-member bench chaired by Yaacob Sam today said there was no special circumstance to stay the commencement of the hearing before justice Akhtar Tahir in the High Court.
Santiago’s appeal to have the case transferred will be heard by the Court of Appeal on Feb 3.
S N Fam represented Santiago while Akberdin Abdul Kader appeared for Naik.
The suit was filed in October 2019 as Santiago reportedly said the arrests of 12 individuals under the Security Offences (Special Measures) Act (Sosma) over alleged links to the Liberation Tigers of Tamil Eelam (LTTE) were because of criticism of Naik.
Naik said the remarks were motivated by malice and hatred.
Akberdin said the remarks had injured Naik’s reputation and caused him to suffer humiliation and ridicule.
Santiago’s defence was that the remarks were fair comment of public interest and done without malice.
Meanwhile, Akberdin said the first day of trial via online could not proceed as Naik was in Doha, Qatar.
He said Naik was online to give evidence but Fam said there was no counsel representing Santiago to ensure that the preacher was not being coached when giving his testimony.
Akhtar adjourned the proceedings to tomorrow. - FMT
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