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NO CLOSURE YET!
Malaysian Insider
Businessman to reveal settlement terms in assault suit against Home Minister
BY V. ANBALAGAN, ASSISTANT NEWS EDITOR
November 16, 2013
The terms of the settlement of an assault suit between Home Minister Datuk Seri Ahmad Zahid Hamidi and businessman Amir Bazli Abdullah will be made public on December 5.
This followed a High Court order on Thursday directing Amir Bazli to turn up at the Shah Alam High Court to explain what transpired during the mediation process four months ago.
Amir Bazli’s lawyer, Karpal Singh, told The Malaysian Insider that High Court judge Vernon Ong issued the order in chambers after meeting counsel for both parties.
Lawyer Datuk Shashi Menon appeared for Zahid.
Last month, Karpal wrote to the High Court in Shah Alam to reopen Amir Bazli’s assault suit against Zahid as the mediation process took place without the presence of lawyers.
On July 18, Zahid and Amir Bazli had met the mediator, Rohani Ismail, who is also a Sessions court judge, at the Shah Alam court complex.
Immediately after the mediation exercise, both parties emerged and claimed that the issue had been settled but their lawyers were not informed on the terms of settlement.
Rohani had allegedly told both parties to keep the terms of settlement confidential.
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Karpal……pointed out that the High Court judge must be informed on what transpired at the mediation process even though the case is said to have been settled.
“The trial judge will record the status of the case and then strike out the matter if the parties had indeed settled without contest,” said Karpal.
“Let him (Amir Bazli) come to court personally and tell the judge what happened. If he is happy with the terms of settlement, let this be recorded to bring closure to the case. If not, new trial dates can be set.”
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IT’S ON AGAIN! Amir Bazli alleges intimidation, and will nullify the mediation exercise last week which saw his assault suit against the home minister withdrawn.
Amir Bazli’s counsel Karpal Singh told The Malaysian Insider that his client was not satisfied with the way the proceedings were conducted at the Shah Alam court court complex last week.
“He felt intimidated,” said Karpal.
Amir Bazli had filed his suit in July 2007 against Ahmad Zahid, alleging that the then deputy minister punched him in the face on Jan 16, 2006, at the Country Heights Recreational Club in Kajang, Selangor.
He said Ahmad Zahid had also threatened to kill him. He also claimed he was held in wrongful confinement at Zahid’s home in Country Heights.
He had claimed for special, general and aggravated damages.
In his statement of claim, Amir said Ahmad Zahid punched and threatened to kill him. He also claimed he was held in wrongful confinement at Ahmad Zahid’s home in Country Heights.
The much awaited court battle between Home Minister Datuk Seri Ahmad Zahid Hamidi and businessman Amir Bazli Abdullah, who claimed he was assaulted, however, fizzled out.
Karpal Singh: Mr Attorney General, charge Home Minister Ahmad Zahid Hamidi
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Malaysian Chronicle
Tuesday, 23 July 2013 08:45
ZAHID IN HOT SOUP : Assault victim claims intimidation, U-turns on mediation
Datuk Seri Ahmad Zaid Hamidi’s legal woes are set to continue after businessman Amir Bazli Abdullah made it known that he will nullify the mediation exercise last week which saw his assault suit against the home minister withdrawn.
Amir Bazli’s counsel Karpal Singh told The Malaysian Insider that his client was not satisfied with the way the proceedings were conducted at the Shah Alam court court complex last week.
“He felt intimidated,” said Karpal.
“Ahmad Zahid did not come to the court on that day as an ordinary litigant but as a minister.
“He was escorted by police outriders and was accompanied by security personnel and about 30 supporters. All these were elements of intimidation,” he said.
Karpal said that based on this, they have now decided to cancel whatever transpired between Amir Bazli and Ahmad Zahid in the presence of the mediator.
Mediator Rohani Ismail, who is a Sessions judge, conducted the mediation exercise for about 90 minutes without the presence of lawyers.
It was reported that after the mediation, Amir Bazli withdrew his assault suit while Ahmad Zahid revoked his countersuit.
Datuk Shamsul Bahrain Ibrahim, a member of Ahmad Zahid’s legal team, later told reporters that compensation was to be decided without intervention of lawyers.
Amir Bazli had told newsmen that he was satisfied with the mediation outcome but was constrained from divulging the terms.
Legal practitioners familiar with medition procedures in court said there was no rule for a mediator to shut out counsel representing parties, pointing that the proceedings in this case may be flawed. They also said that any compensation agreed upon by both parties has to be referred to and recorded by the trial court.
Malaysian Mediation Centre chairman Datuk Khutubul Zaman Bukhari said in normal circumstances mediation was conducted in the presence of lawyers.
“I am unsure about the court-led mediation because such exercise is suppose to be flexible,” he said.
Khutubul, who is also a former Bar Council chairman, said lawyers would also be present when terms of condition were drafted for an out-of-court settlement.
He said any consent judgment would be referred to the trial court which would record what the parties had agreed.
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