19 February 2018
‘Main belakang’: KJ loses appeal over Anwar defamation suit
The Court of Appeal today struck out Youth and Sports Minister Khairy Jamaluddin Abu Bakar’s appeal over having to pay RM150,000 damages and RM60,000 costs to former opposition leader Anwar Ibrahim for defaming him.
A three-member bench led by Justice Tengku Maimun Tuan Mat allowed the notice of motion filed by Anwar’s lawyers Sivarasa Rasiah and J Leela against the notice of appeal, which was filed on Oct 9 last year.
Sivarasa told Malaysiakini today that they had objected to the notice of appeal as it was “ambiguous and defective”.
Leela had also said in November that she had received instructions to strike out the notice.
Sivarasa said lawyer Muhammad Shafee Abdullah should have filed two different notices of appeal, as it involved two different decisions of the High Court.
Prior to finding Khairy liable, Justice Azizul Azmi Adnan had also ruled out the minister’s application to amend his defence.
“Hence based on the Federal Court decision in the A Santamil Selvi vs Deepak Jaikishian case where Shafee appeared for Deepak, two separate notices of appeal should have been filed,” said Sivarasa who is also Subang MP.
Justice Tengku Maimun in her decision today said Anwar’s application fell squarely within the principle in Deepak’s case which they were bound to.
“We also agree there is ambiguity in the notice of appeal by the appellant,” she ruled after hearing submissions.
The other judges of the panel were Justices Zaleha Yusof and Zabariah Mohd Yusof.
They also ordered that Khairy (photo) pay RM10,000 costs. The three-member bench also refused to grant a stay on today’s decision.
Shafee indicated to reporters that he will file a notice of appeal for leave to the Federal Court tomorrow.
29 September 2017
Khairy ordered to pay Anwar RM210k over ‘main belakang’ remark
The Kuala Lumpur High Court today ruled that Umno Youth chief Khairy Jamaluddin defamed Anwar Ibrahim with his “main belakang” (play from behind) remark in 2008.
Justice Azizul Azmi Adnan said Khairy’s remark was serious and defamatory.
He ordered the youth and sports minister to pay RM150,000 in general damages and after submission on costs, ruled that Khairy also fork out an additional RM60,000 to the former opposition leader.
However, Justice Azizul did not grant aggravated damages as he ruled out malice.
The judge also refused to grant an injunction to prevent Khairy from repeating the statement owing to the fact that it was uttered nine years ago.
He added that much has changed since then.
2 February 2017
Anwar has his say against KJ again
KUALA LUMPUR — February 2, 2017: Former Opposition leader Datuk Seri Anwar claimed in a high court today that a statement by Youth and Sports Minister Khairy Jamaluddin in 2008 portrayed him (Anwar) as a homosexual, with low moral values and having the tendency to commit crime and vice.
Anwar, 69, considered the speech by Khairy to be a personal attack against him and an insult.
“The statement was intended to picture me as a cheat, with low moral values and having the tendency to commit crime and vice,” he said when reading a witness statement before judge Azizul Azmi Adnan.
Anwar said the insinuation against him was intended to create a perception among the general public that he was guilty of sodomy.
“The statement by Khairy gave the impression that I am a person who is not qualified to hold any political post because I am regarded harmful to society and also intended to tarnish my image.
“The defendant purposely slandered me in Lembah Pantai because my daughter, Nurul Izzah, was announced as a candidate at that time. The offensive statement added the pain suffered by my family.”
Anwar filed the suit on March 7, 2008, claiming that Khairy had uttered defamatory words about him at a ceramah (talk) in Lembah Pantai on February 20, 2008.