Apex court strikes out bid to revive sedition suit against Hadi

The Federal Court struck out a leave application by two practising Christians from Sabah to appeal the reinstatement of a lawsuit against Abdul Hadi Awang over the PAS president’s alleged seditious statement against followers of the faith.

A three-person Federal Court bench chaired by Chief Judge of Malaya Mohamad Zabidin Mohd Diah today unanimously allowed a preliminary objection raised by Hadi’s counsel Yusfarizal Yussof.

Yusfarizal raised an objection over the appeal leave application not being properly affirmed by the deponent, who lives in Labuan.

The counsel pointed out that Hadi’s legal team gave notice of their objection over the procedural impropriety of the affidavit earlier on Oct 4 last year, and furthermore via the filing of the formal notice of objection on March 19 this year.

“Regarding my learned friend’s (legal team for the two Sabahans) unable to contact (the deponent of the affidavit) is outside my knowledge.

“But the sufficient time since last year has been given to my learned friend to rectify (the procedural issue),” Yusfarizal submitted for Hadi.

The two Sabahans’ counsel R Kengadharan told the bench - which also comprised Federal Court judges Mary Lim Thiam Suan and Harmindar Singh Dhaliwal - that he encountered great difficulty trying to contact the deponent.

The counsel explained that the affidavit was merely signed and returned to them without it being properly affirmed.

“We tried to get in touch with him but encountered great difficulty. Gopal Sri Ram was our lead counsel and he was in touch with the applicant, but he (Sri Ram) passed away (earlier this year),” Kengadharan said.

The lawyer then begged for the panel to give the legal team time to try to contact the affidavit deponent and rectify the procedural issue because his two clients from Sabah are merely ordinary people.

In dismissing the appeal leave application, the apex bench made no order as to costs.

The application

Maklin Masiau and Lawrence Jomiji Kinsil @ Maximilhian were seeking leave to commence an appeal to revive their civil action, which the High Court in Kuala Lumpur struck out in 2021 due to Hadi’s striking out application, and which the Court of Appeal upheld last year.

Regarding a civil jurisdiction appeal to the apex court, an appellant must first apply for leave to proceed with the appeal. In the event the apex court greenlights this, it would later set a separate date to hear the merits of the appeal.

On May 7, 2021, the High Court in Kuala Lumpur allowed Hadi’s application to strike out the civil action.

The defendant sought to nullify the lawsuit on grounds that it was frivolous, vexatious, and an abuse of the court process.

Under the law, a successful striking-out bid means the civil action is nullified without its merits being subjected to a full court hearing.

Then on Aug 16 last year, the Court of Appeal denied the two Sabahans’ appeal to reinstate the lawsuit. The duo then went up to the apex court.

The Sabahans filed legal action on Dec 9, 2020, over Hadi’s statement published in PAS’ party organ Harakah on Jan 18, 2016.

The duo claimed the statement was reported by online news portal Free Malaysia Today on the same day. A copy of the news report is being relied on by them for the suit.

They sought a declaration that Hadi has committed an act of sedition contrary to Section 3 of the Sedition Act 1948.

They also sought a declaration that the defendant was unfit to hold any position in the government of Malaysia, including that of a position equivalent to a ministerial post.

On April 2, 2020, it was reported that Hadi was appointed as special envoy to the Middle East with a ministerial rank. This took place shortly after the fall of the Pakatan Harapan administration and the emergence of the Perikatan Nasional government which PAS was a part of.

In their statement of claim, the two plaintiffs alleged that Hadi’s statement had also cast aspersions on the Christian community in the country. - Mkini