KUALA LUMPUR: Datuk Seri Anwar Ibrahim (pix) lost his defamation suit against Foreign Minister Datuk Seri Anifah Aman and was ordered to pay RM20,000 costs by the High Court.
High Court judicial commissioner Siti Khadijah S.Hassan Badjenid said Anwar failed to prove the claim against Anifah.
“The court rejects plaintiff’s (Anwar) claims against the defendant (Anifah),” said Siti Khadijah.
Anwar, who is currently serving a five-year jail sentence for a sodomy charge, was present in court.
Anifah’s lawyer Tan Sri Muhammad Shafee Abdullah, had asked for RM100,000 costs while Anwar’s lawyer Razlan Hadri suggested RM20,000. The court granted RM20,000 costs (to be paid by Anwar).
On May 27, 2009, Anwar filed a defamation suit against Anifah, claiming the minister’s remarks at a press conference in Washington on May 16, 2009, had tarnished his image.
Anwar claimed Anifah had depicted him as a person who was unfit to hold political or any other post.
Siti Khadijah, in her draft judgment, said the High Court in Malaysia has no jurisdiction over cases outside of Malaysia.
According to Section 23 (1)(a) of the Courts of Judicature Act 1964, civil court’s jurisdiction is only over cases of which, the cause of action arose in its jurisdiction. The High Court could hear cases from another local jurisdiction, if all parties have agreed in writing.
She also said Anifah had given a warning in the press conference: “Just for the information of the audience here”, before answering a question posed to him.
She said the evidence tends to show that Anifah did not mean for his statements to be printed in Malaysia.
In her view, the warning by Anifah is sufficient to be understood by a rational person that, if the warning was not complied with and if the person chose to do something against the warning, then, it is made, at their own risk and responsibility.
She also said if the law of defamation was applied in the case, then Anifah's statements against Anwar in the United States of America, would be "slander" (if proven) and not "libel". (libel is defamation in the form of written publication while slander is defamation in the verbal form.)
Anwar was also represented by lawyer Latheefa Koya.
Source: http://www.thesundaily.my/news/1597662
No comments:
Post a Comment